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NORTH CAROLINA 

REGISTER 



VOLUME 11 • ISSUE 24 • Pages 1813 - 1900 

March 14, 1997 




IN THIS ISSUE 

Voting Rights Letters 

Community Colleges 

Crime Control and Public Safety 

Environment, Health, and Natural Resources 

General Contractors, Board for 

Human Resources 

Labor 

Nursing, Board of 

Transportation 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 




Volume 11, Issue 24 
Pages 1813 - 1900 



March 14, 1997 



This issue contains documents officially 
filed through February 21, 1997. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann 111, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



IN THIS ISSUE 



I. IN ADDITION 
Labor 

Occupational Safety & Health 1813 

Voting Rights Letters 1814- 1816 

II. RULE-MAKING PROCEEDINGS 
Crime Control and Public Safety 

Governor's Crime Commission 1818 

Environment, Health, and Natural Resources 

Environmental Management 1818 - 1821 

Human Resources 

Child Day Care Commission 1817 

Labor 

Occupational Safety & Health 1817 - 1818 

Licensing Boards 

Nursing, Board of 1821 



III. 



IV. 



PROPOSED RULES 
Human Resources 

Mental Health, Developmental Disabilities and 

Substance Abuse Services 1822- 1824 

Medical Assistance 1824 - 1826 

TEMPORARY RULES 

Environment, Health, and Natural Resources 

Health Services Commission 1827- 1828 

Licensing Boards 
General Contractors, Board for 1828-1831 

APPROVED RULES 1832 - 1838 

Community Colleges 

Environment, Health, and Natural Resources 

Transportation, Department of 



VI. 



VII. 



RULES REVIEW COMMISSION 1839-1843 

CONTESTED CASE DECISIONS 

Index to AU Decisions 1844 - 1859 

Text of Selected Decisions 

95 EDC 1024 1860 - 1865 

95 EHR 0108 1866 - 1876 

95 OSP 0368 1877 - 1885 

96 OSP 0341 1886 - 1890 

96 OSP 0983 1891 - 1900 

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IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the Codifier 
of Rules for pubUcation. 



North Carolina Department of Labor 

Division of Occupational Safety and Health 

319 Chapanoke Road 

Raleigh, NC 27603 



NOTICE OF VERBATIM ADOPTION OF FEDERAL STANDARDS 

Pursuant to GS § 150B-2 1.5(c) the Occupational Safety and Health Division of the Department of Labor hereby gives notice 
that it has adopted effective February 11, 1997 verbatim federal OSHA amendments to the General Industry standards (29 
CFR 1910), Construction standards (29 CFR 1926), and Maritime standards (29 CFR 1915) which removes regulatory text 
not applicable to 29 CFR 1926 construction employment, corrects provisions of the asbestos standard affecting 29 CFR 1910, 
1915, and 1926, and revises the standards for scaffolds in 29 CFR 1926 including corrections and a partial stay. 

For additional information regarding this verbatim adoption please contact: 

Peggy D. Morris 

Division of Occupational Safety and Health 

319 Chapanoke Road 

Raleigh, NC 27603 

(919) 662-4581 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1813 



IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 



IKP:DHH:NT:tlb:emr Voiing Section 

DJ 166-012-3 P.O. Box 66128 

96-4475 Washington, D.C. 20035-6128 



January 30, 1997 



David A. Holec, Esq. 

City Attorney 

P. O. Box 1388 

Lumberton, Nonh Carolina 28359-1388 

Dear Mr. Holec: 

This refers to the annexation (Ordinance No. 1592 (1996)) to the City of Lumberton in Robeson County, North 
Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received 
your submission on December 12, 1996. 

The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Isabelle Katz Pinzler 

Acting Assistant Attorney General 

Civil Rights Division 

By: 

Elizabeth Johnson 

Chief, Voting Section 



1814 NORTH CAROLINA REGISTER March 14, 1997 11:24 



IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 

Office of the Assistant Attorney General Washington, D.C. 20035 

February 3, 1997 



Susan K. Nichols, Esq. 

Special Deputy Attorney General 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

Dear Ms. Nichols: 

This refers to Chapter 667 (1996), which creates the Butner Advisory Council for the Camp Butner Reservation, 
consisting of seven members, elected at large to four-year, staggered terms in nonpartisan elections, and designates the 
implementation schedule, the candidate filing period, the general election date, and the method of selecting the chair of the 
council for the reservation located partly in Granville county. North Carolina, submitted to the Attorney General pursuant 
to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your response to our September 
30, 1996, request for additional information on December 3, 1996; supplemental information was received on January 16, 
1997. 

We have carefully considered the information that you have provided, as well as Census data and information from 
other interested persons. As a result, the Attorney General does not interpose any objection to the creation of the Camp 
Butner Reservation, the establishment of the elected Advisory Council, the number of officials, the term of office, the 
adoption of nonpartisan elections, the candidate filing period, the general election date, and the method of selecting the chair 
of the coimcil. However, we note that the failure of the Attorney General to object does not bar subsequent litigation to 
enjoin the enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51-41). 

We cannot reach the same conclusion, however, regarding the proposed at-large method of election and the use of 
staggered terms in that context. According to 1990 Census data and the submitted map of the area, the population of the 
Camp Butner Reservation (hereinafter "the reservation") includes approximately 6,472 persons, of whom 2,471 (38.2 
Percent) are black. As of November 1996, the reservation has 2,063 registered voters, of whom 700 (33.9 percent) are 
black. Most of the reservation's population is located in Granville County, North Carolina. The reservation's 
councilmembers will be elected at large to staggered (4-3) terms. 

As of 1987 no black candidate had ever been elected to the at-large elected Granville County Commission or School 
Board, despite the fact that the black percentage of the county's total population had grown to 43 percent and multiple black 
candidates had run for office. Private plaintiffs sued the county commission alleging vote dilution, McGhee v. Granville 
County . Civil Action No. 87-29-CIV-5 (E.D.N.C.), and three months later, the United States Department of Justice sued 
the county school board. United States v. Granville County Board of Education , No. 87-353-CIV-5 (E.D.N.C.). Both 
lawsuits were filed on the premise that the at-large method of election for the respective governing bodies did not provide 
black voters with an equal opportunity to elect candidates of choice. In response to each lawsuit, the county entered into 
consent agreements, with private plaintiffs as to the county commission and with the Department as to the school board, 
which included stipulations that the at-large method of election violated Section 2 of the Voting Rights Act; ultimately, 
single-member districts were implemented to cure the violations. 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1815 



IN ADDITION 



Implicit in these stipulations that the at-large method of election violates Section 2 was an admission that voting in 
the county was racially polarized. Our analysis of at-large elections for county offices since thus time indicates that the 
pattern of racially polarized voting has not changed. While black-supported candidates have had some limited success in 
at-large and double-member district elections for state offices, they continue to be plagued by defeat in more local elections 
conducted on a countywide basis. 

Despite this well-documented pattern of racially polarized voting for at-large elected county offices, an election 
system was selected for the reservation's Advisory Council that has impeded the ability of black voters to elect their 
candidates of choice. Alternative election systems, such as single-member districts, that would allow black voters an equal 
opportunity to participate in the electoral process and to elect candidates of their choice do not appear to have been given 
serious consideration in the decision-making process. Our analysis revealed that it is relatively simple, for example, to create 
a seven single-member district plan with two naturally occurring, compact districts that have black voting age population 
majorities. 

The election of a single black candidate in an unprecleared election for the Advisory Coimcil conducted in November 
1996 in which all seven council positions were elected and the number of candidates was double the number of positions to 
be filled does not compel a different conclusion regarding the impact of an at-large election system on the opportunity of 
minority voters to elect their candidates of choice. Nor is this election sufficient to counter the well established pattern of 
racially polarized voting observed in county elections conducted on a countywide basis or to allow us to conclude that an 
at-large election system with staggered terms (4-3) will enable black voters to elect candidates of choice in future Advisory 
council elections. 

Under Section 5 of the Voting Rights Act, the submitting authority has the burden of showing that a submitted 
change has neither a discriminatory purpose nor a discriminatory effect. See Georgia v. United States , 41 1 U.S. 526 (1973); 
see also the Procedures for the Administration of Section 5 (28 C.F.R. 51.52). In addition, an objection must be interposed 
where there is a clear violation of Section 2 of the Voting Rights Act, 42 U.S.C. 1973; see also 28 C.F.R. 51.55(b)(2). 
In light of the considerations discussed above, I cannot conclude as I must under the Voting Rights Act, that your burden 
has been sustained in this instance. Therefore, on behalf of the Attorney General, I must object to the at-large method of 
election and staggered terms for the camp Burner Reservation. 

We note under Section 5 you have the right to seek a declaratory judgment from the United States District Court 
for the District of Columbia that the at-large method of election and staggered terms have neither the purpose nor will have 
the effect of denying or abridging the right to vote on account of race, color or membership in a language minority group. 
In addition, you may request that the Attorney General reconsider the objection. However, until the objection is withdrawn 
or a judgment from the District of Columbia Court is obtained, the at-large method of election and staggered terms continue 
to be legally unenforceable. Clark v. Roemer , 500 U.S. 646 (1991); 28 C.F.R. 51.10 and 51.45. 

The Attorney General will make no determination with regard to the implementation schedule as it is directly related 
to objected-to staggered terms. See 28 C.F.R. 51.22(b). 

To enable this Department to meet its responsibility to enforce the Voting Rights Act, please inform us of the action 
the State of North Carolina plans to take concerning this matter. If you have any questions, you should call Ms. Colleen 
Kane-Dabu (213-894-2931), an attorney in the Voting Section. 

Sincerely, 

Isabelle Katz Pinzler 

Acting Assistant Attorney General 

Civil Rights Division 



1816 NORTH CAROLINA REGISTER March 14, 1997 11:24 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency 's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of 
a rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency sen'es as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: 
G.S. 150B-2L2. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



rule-making proceedings and arty comments received on this 
notice. 



SUBCHAPTER 3U - CHILD DAY CARE 
STANDARDS 

A Jotice of Rule-making Proceedings is hereby given by 
1 y the North Carolina Child Day Care Commission in 
accordance with G.S. 150B-2L2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 



Citation to Existing Rules Affected by tiiis Rule-Maliing: 

13 NCAC 7F .0101 - Other rules rrmy be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 95-4; 95-131 

Statement of the Subject Matter: Permissible Exposure 
Limits (PELS) contained in 29 CFR 1910 Subpart Z - Toxic 
and Hazardous Substances . 



Citation to Existing Rules Affected by this Rule-Making: 

10 NCAC 3U .0302, .0506, .0509, .0601, .0602, .0604, 
.0705, .0714. .0802, .0803, .1402, .1403, .1717, .2603, 
.2610, .2611 - Other rules may be proposed in the course of 
the rule-making process. 



Authority for the rule-making: 

168.3 



G.S. 110-91(8); 143B- 



Statement of the Subject Matter: Safety requirements for 
child day care centers and homes, including outdoor play 
areas. 

Reason for Proposed Action: To review safety 
requirements for outdoor play areas for child day care 
centers and homes. 



Reason for Proposed Action: To improve the protection of 
workers exposed to toxic or hazardous substances by 
updating the Permissible Exposure Limits (PELs) based on 
research performed and data gathered since 1971. 

Comment Procediu-es: 77?^ purpose of this announcement 
is to encourage all interested and potentially affected 
persons or parties to make their views known to the Division 
of Occupational Health and Safety (OSH) whether in favor 
of or opposed to any and all provisions of the proposal 
being noticed. Written comments, data, or other information 
relevant to this proposal must be submitted within 60 days 
(May 14. 1997). Written comments may be submitted to: 
Peggy D. Morris. NCDOL/OSH. 319 Chapanoke Road, 
Suite 105, Raleigh, NC 27603-3432, Phone: (919) 662- 
4581, FAX: (919) 662-4582. 



Comment Procedures: Questions or written comments 
regarding this matter may be directed to Nancy Guy, APA 
Coordinator, Division of Child Development, 319 
Chapanoke Road, P.O. Box 29553, Raleigh, NC 27626- 
0553; (919) 662-4543. 



TITLE 13 - DEPARTMENT OF LABOR 

CHAPTER 7 - OFFICE OF OCCUPATIONAL 
SAFETY AND HEALTH 

SUBCHAPTER 7F - STANDARDS 

"K Jotice of Rule-making Proceedings is hereby given by 
1 y the NC Department of Labor, Division of Occupational 
Safety and Health in accordance with G.S. 150B-21. 2. The 
agency shall subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of this notice of 



***** 



*********** 



CHAPTER 7 - OFFICE OF OCCUPATIONAL 
SAFETY AND HEALTH 

SUBCHAPTER 7F - STANDARDS 

'\ Jotice of Rule-making Proceedings is hereby given by 
1 y the NC Department of Labor, Division of Occupational 
Safety and Health in accordance with G.S. 150B-21.2. The 
agency shall subsequently publish in the Register the text of 
the nde(s) it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on this 
notice. 

Citation to Existing Rules Affected by this Rule-Making: 

13 NCAC 7F .0201 (which will amend Subpart V, Power 
Transmission and Distribution, Section 1926.950 of Title 29 
to the Code of Federal Regulations (CFR). Other rules may 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1817 



RULE-MAKING PROCEEDINGS 



be proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 95-4; 95-131 

Statement of the Subject Matter: The Division of 
Occupational Safety and Health is proposing to amend the 
current construction standards (13 NCAC 7F .0201) to 
require guarding or insulating of energized lines, all 
potential sources of ground, or other energized sources at 
different potential when employees are working on energized 
lines. Tfie objective of this change is to protect employees 
from electrocution due to inadvertent contact with these 
sources. Only employers that engage in the construction of 
electric transmission and distribution lines will be affected 
by this amendment. 

Reason for Proposed Action: To protect construction 
employees from known sources of electrocution. 

Comment Procedures: The purpose of this announcement 
is to encourage all interested and potentially affected 
persons or parties to make their views known to the Division 
of Occupational Health and Safety (OSH) whether in favor 
of or opposed to any and all provisions of the proposal 
being noticed. Written comments, data, or other information 
relevant to this proposal must be submitted within 60 days 
(Ma\ 14, 1997). Written comments may be submitted to: 
Peggy D. Morris, Division of Occupational Safety and 
Health, 319 Chapanoke Road, Suite 105, Raleigh, NC 
27603-3432, Phone: {919) 662-4581 or 1-800-LABORNC, 
FAX: (919) 662-4582. 



Federal grants to be approved for more than nvo years. 

Comment Procedures: Any interested person may submit 
comments relevant to the proposed action to Jo Macklin, 
Administrative Procedures Coordinator, Department of 
Crime Control & Public Safety, P.O. Box 29590, Raleigh. 
NC 27626-0590. 

SECTION .0300 - GRANT APPLICATION 
PROCESS AND ADMINISTRATION 

.0313 TIME LIMITATION ON 
FEDERAL FUNDING 

Grantees may receive up to two years of funding on a 
project, at such ratios of federal funds to matching state or 
local funds as may be specified by each particular federal 
grant program or relevant guidelines, guidelines, or as may 
be determined by the Commission. Projects may be 
considered for one or more additional grant periods 
consistent with federal regulations and subject to availability 
of funds. The two year funding limit applies even if a 
project receives funds from mor e than on e f e d e ral criminal 
justic e block grant sourc e during that time. 

Authority G.S. 143B-10(b): 143B-477; 143B-479. 



TITLE 15 A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 



TITLE 14A - DEPARTMENT OF CRIME 
CONTROL AND PUBLIC SAFETY 

CHAPTER 7 - DIVISION OF GOVERNOR'S 
CRIME COMMISSION 

A Jotice of Rule-making Proceedings is hereby given by 
1 y the Department of Crime Control & Public Safety, 
Governor's Crime Commission in accordance with G.S. 
150B-21 .2. The agency shall subsequently publish in the 

Register the text of the rule it proposes to adopt as a result 
of this notice of nde-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

14.4 NCAC 7 .0313 - Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 143B-477; 143B-479 



Statement of the Subject Matter: 

Grant Funding. 



Limitations on Federal 



A Totice of Rule-making Proceedings is hereby given by 
1 V the EHNR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 2B .0101, .0202, .0229 



Authority for the rule-making: 

214.7, 143-215.3 



G.S. 143-214.1, 143- 



Reason for Proposed Action: To change rule to allow 



Statement of the Subject Matter: The Division of Water 
Quality has developed the basic framework for a new 
program called Use Restoration Waters (URW) in an effort 
to address persistent water quality problems which result in 
impairment to designated uses. Designated uses include 
aquatic life support, swimming and commercial shellfish 
har\'est. The Water Quality Section has prepared options for 
implementation of the Use Restoration Waters Program. 
These options may include an initial nde making to establish 
the basic framework of the program. Any watershed-specific 
management strategies with mandatory requirements would 
require a separate rule making under the state's 



1818 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



RULE-MAKING PROCEEDINGS 



Administrative Procedure Act. 

Reason for Proposed Action: Throughout North Carolina, 
there are waters that have pollution problems that prevent 
them from supporting their designated uses. These waters 
are often very difficult to restore due to the multitude of 
nonpoint sources contributing pollutants to the waterbody. 
Point source dischargers may also be a source of the 
impairment. The Division of Water Quality (DWQ) is 
developing a Use Restoration Waters Program to restore 
designated uses in impaired waters. If approved, this 
program could include voluntary and/or mandatory 
management strategies to control the specific parameters of 
concern in selected impaired watersheds. These voluntary 
and/or mandatory management strategies would be 
developed in coordination with interested stakeholders and 
could include: watershed-specific best management 
practices for nonpoint sources, source reduction strategies 
such as education and site-planning considerations, 
ecosystem restoration, wastewater treatment requirements, 
and other waste treatment management requirements. 

Comment Procedures: Written comments may be submitted 
to Beth McGee by May 13, 1997 at the following address: 
Beth McGee, DEHNR/Division of Water Quality, P. O. Box 
29535, Raleigh, NC 27626-0525, (919) 733-5083, ext. 575. 

****************** 

CHAPTER 2 - E>fVIRONME>rrAL MANAGEMENT 

'KJotice of Rule-making Proceedings is hereby given by 
1 V the EHNR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15ANCAC 2B .0304 

Authority for the rule-making: G.S. 143-214.1; 143- 
215.1; 143-2 15. 3 (a)(1) 

Statement of the Subject Matter: Proposed 

reclassification of Clear Creek in Henderson County (French 
Broad River Basin) from Class C Tr (Trout) to Class B Tr. 



"swimming, skin diving, skiing, and similar uses involving 
human body contact with water where such activities take 
place in an organized or on a frequent basis. " Under North 
Carolina rules, several criteria must be met before waters 
can be classified for primary recreation. These are: 1) the 
area must be of sufficient size and depth to support primary 
recreation; 2) fecal coliform concentrations must be less 
than 200 colonies per 100 milliliters based on a geometric 
mean derived from five samples taken within a 30 day 
period; 3) there must be no sources of water pollution which 
could result in a hazard to public health in close proximity 
to areas where recreation occurs; and 4) primary recreation 
must take place in an organized or on a frequent basis. In 
the original request for reclassification, which was made by 
a local property owner in 1992. the Division was asked to 
investigate reclassifying Clear Creek to include the High 
Quality Waters (HQW) supplemental classification along 
with the reclassification for primary recreation. Results 
received in 1993 and 1995 from studies conducted by the 
Division showed that Clear Creek did not qualify for 
reclassification to HQW, but did meet the requirements for 
reclassification to B waters. The purpose of this rule change 
is to protect the water's primary recreational uses. If 
reclassified, wastewater dischargers to Clear Creek will be 
required to comply with reliability standards set forth in 15A 
NCAC 2H .0124. Reliability standards require facilities to 
insure continued treatment of wastewater during instances of 
power failure. This can be accomplished through 
employment of multiple treatment components and backup 
power supply, or demonstration that the nature of the facility 
is such that untreated wastewater would not be discharged 
to surface waters during instances of power failure. 

Comment Procedures: The purpose of the announcement 
is to encourage those interested in this proposal to provide 
written comments. Written comments, data, or other 
information relevant to this proposal must be submitted by 
May 14, 1997. It is very important that all interested and 
potentially affected persons or parties make their views 
known to the Environmental Management Commission 
(EMC) whether in favor or opposed to any and all 
provisions of the proposal being noticed. Written comments 
may be submitted to: Liz Kovasckitz, DEHNR/Division of 
Water Quality, Planning Branch, P. O. Box 29535, Raleigh, 
NC 27626-0535. (919) 733-5083, extension 572. 



******* 



********** 



Reason for Proposed Action: Tixe Division of Water 
Quality (Division) is requesting that the Environmental 
Management Commission (EMC) reclassify Clear Creek in 
Henderson County (French Broad River Basin) from its 
source to Lewis Creek from Class C Tr (Trout) to Class B 
Tr. The B and SB classifications are assigned to waters that 
are used for primary recreational purposes. Class B is 
applicable to freshwaters and Class SB to salnvaters. 
Primary recreation is defined in Division ndes as 



CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

'KJotice of Rule-making Proceedings is hereby given by 
1 V the EHNR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1819 



RULE-MAKING PROCEEDINGS 



Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 2B .0313 

Authority for the rule-making: G.S. 143-214.1; 143- 
215.1: 143-215. 3(a)(1) 

Statement of the Subject Matter: Proposed 

reclassification of a portion of Cascade and Indian Creeks 
in Stokes Counts' (Roanoke River Basin) from Classes B and 
C to Classes B ORW and C ORW. 

Reason for Proposed Action: The Superintendent of 
Hanging Rock State Park has requested that the 
Environmental Management Commission (EMC) reclassify 
two creeks in Hanging Rock State Park in Stokes Count}' 
(Roanoke River Basin) to include the Outstanding Resource 
Waters (ORW) supplemental classification. Cascade Creek, 
from its source to the backwaters of the swimming lake, is 
proposed for reclassification from Class B to Class B ORW. 
And Indian Creek, from its source to Window Falls, is 
proposed to be reclassified from Class C to Class C ORW. 
Both of these stream segments are entirely within the 
Hanging Rock State Park Boundary. In order to be 
classified as ORW. a water body nuist be of e.xceptional state 
or national recreational or ecological significance and the 
waters nmst have e.xceptional water quality. In addition, the 
waters must also exhibit one or more of the following 
resource values or uses: (1) there are outstanding fish (or 
commercially important aquatic species) habitat and 
fisheries: (2) there is an unusually high level of water-based 
recreation or the potential for such recreation: (3) the 
waters have already received some special designation such 
as a North Carolina or National Wild and Scenic River, 
Native or Special Native Trout Waters, National Wildlife 
Refiige, etc. which do not provide any water quality 
protection: (4) the waters represent an important component 
of a state or national park or forest: or (5) the waters are of 
special ecological or scientific significance such as habitat 
for rare or endangered species or as areas for research and 
education. Water quality analyses show that Cascade 
Creek, from its source to the swimming lake, and Indian 
Creek from its source to Window Falls have excellent water- 
quality. Cascade and Indian Creeks are important 
components of Hanging Rock State Park and rare 
invertebrate species were found in both streams. Therefore 
these waters qualify for ORW status. Special protection 
measures that apply to North Carolina ORWs are set forth 
in 15A NCAC 2B .0225. At a minimum, no new discharges 
or expansions are permitted, and stormwater controls for 
most new development are required. 

Comment Procedures: The purpose of the announcement 
is to encourage those interested in this proposal to provide 
written comments. Written comments, data, or other 
information relevant to this proposal must be submitted by 
May 14, 1997. It is very important that all interested and 
potentially affected persons or parties make their views 



known to the Environmental Management Commission 
(EMC) whether in favor or opposed to any and all 
provisions of the proposal being noticed. Written comments 
may be submitted to: Liz Kovasckitz, DEHNR/Division of 
Water Quality, Planning Branch, P. O. Box 29535, Raleigh, 
NC 27626-0535. (919) 733-5083, extension 572. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

'KJotice of Rule-making Proceedings is hereby given by 
1 V the EHNR - Environmental Management Commission in 
accordance with G.S. 150B-2I.2. The agency shall 
subsequently publish in the Register the te.xt of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

I5A NCAC 2B .0315 



Authority for the rule-making: 

215.1: 143-215. 3(a)(1) 



G.S. 143-214.1: 143- 



Statement of the Subject Matter: Proposed revision of the 
Critical Area and Protected Area boundaries surrounding the 
Falls Lake water supply reserwir. 

Reason for Proposed Action: Falls Lake is the primarx 
drinking water supply source for the City of Raleigh. The 
water supply is classified as WS-IV and encompasses parts 
of Durham, Franklin. Granville, and Wake Counties. In 
addition, the municipalities of Creedmoor, Durham, Raleigh, 
Butner, and Wake Forest have Jurisdiction within the 
designated water supply area. Since this water supply is a 
WS-IV with an intake located in a reservoir, the Critical 
Area (CA) and Protected Area (PA) boundaries are based on 
the normal pool elevation of the reserwir. The minimum 
CA size is defined in the Water Supply Watershed Protection 
Rules as 'A mile and draining to the normal pool elevation 
of the reserwir. Any changes to the normal pool elevation 
change the CA and PA boundaries which will in turn affect 
the amount of land subject to the Rules. Falls Lake was 
constructed as a multi-purpose reserwir by the U.S. Army 
Corps of Engineers in 1981, and started filling in 1983. 
One of the purposes was to provide water to the Ciry of 
Raleigh with a guaranteed volume. However, due to a 
sur\'eying error the actual storage capacity of the reserwir 
fell short of the contractual volume. The normal pool 
elevation was at 250.1 feet nisi (mean sea level) at the 
completion of the reserwir. The United States Congress 
approved the Corps raising the dam approximately twelve 
inches in order to provide the agreed upon storage capacity 
for the City, and address water quality, flood control and 
sediment issues. Construction to raise the dam was 
completed in the fall of 1995. In changing the dam height, 
the normal pool elevation has risen to 251 .5 feet msl. The 



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11:24 



RULE-MAKING PROCEEDINGS 



result is a change in the Critical and Protected Areas 
surrounding the lake. Since the Schedule of Classifications 
for the Neuse River Basin (ISA NCAC 2B .0315) references 
these areas, it is necessary to proceed to rulemaking in 
order to revise the outer boundaries of the CA and PA. The 
total affected area will increase from 174,086 acres to 
187,741 acres (includes lake surface area), which is a 6 
percent increase. Each of the affected local governments 
would be required to modify their water supply watershed 
protection ordinance and associated maps within 270 days 
following adoption and notification from the Environmental 
Management Commission of the change. 



CHAPTER 36 - BOARD OF NURSING 

A Totice of Rule-making Proceedings is hereby given by 
1 V the North Carolina Board of Nursing in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish 
in the Register the text of the nile(s) it proposes to adopt as 
a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

21 NCAC 36 .0109 - Other rules may be proposed in the 
course of the nde-making process. 



Comment Procedures: The purpose of the announcement 
is to encourage those interested in this proposal to provide 
written comments. Written comments, data, or other 
information relevant to this proposal must be submitted by 
May 14, 1997. It is very important that all interested and 
potentially affected persons or parties make their views 
known to the Environmental Management Commission 
(EMC) whether in favor or opposed to any and all 
provisions of the proposal being noticed. Written comments 
may be submitted to: Liz Kovasckitz. DEHNR/Division of 
Water Quality, Planning Branch, P.O. Box 29535, Raleigh, 
NC 27626-0535. (919) 733-5083, extension 572. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



Authority for the rule-making: G.S. 90-171.21; 90- 
171.23(b) 

Statement of the Subject Matter: Revision to the voting 
process for election of Board members. 

Reason for Proposed Action: To incorporate new 
technology for election of Board members by utilizing 
telecommunications. 

Comment Procedures: Comments regarding this notice 
should be directed to: Jean H. Stanley. APA Coordinator, 
North Carolina Board of Nursing, Post Office Box 2129, 
Raleigh. NC 27602-2129. Comments must be received in 
the Board of Nursing office by 4:30 p.m. on May 13. 1997. 



11:24 



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March 14, 1997 



1821 



PROPOSED RULES 



This Section contains the text of proposed ndes. At least 60 days prior to the publication of text, the agency published 
a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from 
the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required 
comment period is 60 days for a rule that has a substantial economic impact of at least fixe million dollars ($5,000,000). 
Statutory reference: G.S. 150B-2I .2. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



REHABILITATION FOR INDIVIDUALS 
WITH SUBSTANCE ABUSE DISORDERS 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the Commission for Mental Health, 
Developmental Disabilities and Substance Abuse Services 
intends to amend rules cited as 10 NCAC 14V .3402, .3803. 
.5602 and repeal 10 NCAC 15A .0128 - .0129. Notice of 
Rule-making Proceedings was published in the Register on 
July 15. 1996. 

Proposed Effective Date: July 1. 1998 

Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): Anyone 
who wishes to request a public hearing should submit the 
written request to Charlotte F. Hall, Rule-making 
Coordinator. Division of Mental Health, Developmental 
Disabilities and Substance Abuse Serxices. Albemarle 
Buildmg, 325 N. Salisbury Street. Raleigh, NC 27603-5906 
within 15 days following this published notice. 

Reason for Proposed Action: 

10 NCAC 14V .3402, .3802, .5602 - To clarify language 

contained in these Rules. 

10 NCAC ISA .0128 - .0129 - To repeal Rules with 

duplicative language contained in other Rules of this 

Section. 

Comment Procedures: Written comments may be submitted 
to Charlotte F. Hall. Rule-making Coordinator, Division of 
Mental Health, Developmental Disabilities and Substance 
Abuse Serxices (DMH/DD/SAS). 325 N. Salisbury Street. 
Albemarle Bldg.. Suite 558. Raleigh, NC 27603-5906. FAX: 
919-733-8259. Comments xvill be accepted until April 14. 
1997. 

Fiscal Note: These Rule do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SUBCHAPTER 14V - RULES FOR MENTAL 

HEALTH, DEVELOPMENTAL DISABILITIES, 

AND SUBSTANCE ABUSE FACILITIES AND 

SERVICES 

SECTION .3400 - RESIDENTIAL TREATMENT/ 



.3402 STAFF 

(a) Each facility shall have full-time staff as follows: 

(1) One full-time certified alcoholism, drug abuse or 
substance abuse counselor for a facility having up 
to 30 occupied beds, and for every 30 occupied 
bed increment or portion thereafter. On e staff 
member for each 10 beds or increment thereof. 

(2) One full-time qualified alcoholism, drug abuse or 
substance abuse professional as defined in 
Paragraphs 14, H and 12 of iO NCAC 14V 
.0104 for facilities having 1 1 or more occupied 
beds, and for every additional occupied 10-bed 
increment or portion thereafter. At least one of 
the — full tim e — staff — m e mb e rs — r e quir e d — by- 
Subparagraph (a)(1) of this Rule shall be a full 
tiffie — certified — alcoholism, — dfag — abuse. — sf 
substanc e abus e couns e lor for e ach 10 bods or 
incr e m e nt th e r e of. 

{^ The remaining full time staff members required 

by Subparagraph (a)(1) of this Rule may be either 
qualifi e d alcoholism, drug abus e , or substanc e 
abuse couns e lors. 
fb) A minimum of one staff member shall be present in 
the facility when clients are present in the facility. 

(c) In facilities that serve minors, a minimum of one staff 
member for each five or fewer minor clients shall be on 
duty during waking hours when minor clients are present. 

(d) Any qualified alcoholism, drug abuse or substance 
abuse professional who is not certified shall become 
certified by the North Carolina Substance Abuse 
Professional Certification Board within 26 months from the 
date of employment, or from the date an unqualified person 
meets the requirements to be qualified, whichever is later. 

(e) Each direct care staff member shall receive annual 
continuing education to include understanding of the nature 
of addiction, the withdrawal syndrome, group therapy, and 
family th e rapy, therapy through in-service training, 
academic course work, or training approved by the North 
Carolina Substance Abuse Professional Certification Board. 

(f) Each direct care staff member in a facility that serves 
minors shall receive specialized training in youth 
development and therapeutic techniques in working with 
youth. 

(g) Each facility shall have at least one staff member on 
duty trained in the following areas: 

(1) alcohol and other drug withdrawal symptoms; and 

(2) symptoms of secondary complications to 
alcoholism and drug addiction. 



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11:24 



PROPOSED RULES 



Authority G.S. I22C-26; MSB- 147. 

SECTION .3800 - ALCOHOL AND DRUG 
EDUCATION TRAFFIC SCHOOLS (ADETS) 

.3803 OPERATIONS 

(a) Curriculum. School instructors shall follow the 
requirements in GA 122C-142.1. G.S. 122C 1 4 2.1 us e a 
curriculum approv e d by th e Division. — Instructors may us e 
the curriculum specified in the "Curriculum Manual for 

Alcohol and Drug Education Traffic Schools" 

(DMH/DD/SAS — publication — APSM t^§-h 130 1). 

Instructors who d e sir e to use a diff e r e nt curriculum shall 
submit it to the Division for prior approval. — The Division 
shall review the proposed curriculum to determine that it 
follows prof e ssionally acc e pt e d standards to moot the cours e 
obj e ctives of r e ducing th e frequ e ncy of alcohol and drug 
related traffic offenses by modifying the behavior of course 
participants and of reducing recidivism, blood alcohol 
cont e nt l e v e ls, and alcohol/drug crash e s. 

(1) The program of instruction shall consist of not 
less than ten hours of classroom instruction. 

(2) Each school may provide up to three additional 
hours for classroom time and such activities as an 
initial student assessment, data gathering or a 
summary conference with students. Information 
regarding assessments is available in NCAC 18F 
.0300 SUBSTANCE ABUSE ASSESSMENTS 
FOR INDIVIDUALS CHARGED WITH OR 
CONVICTED OF DRIVING WHILE IMPAIRED 
(DWI). 

(b) Class Schedule. Each school shall provide a written 
notice to each student referred by the court as to the time 
and location of all classes which the student is scheduled to 
attend. 

(1) Each student shall be scheduled to attend the first 
and the last class sessions in the order prescribed 
in the curriculum. 

(2) Classes shall be scheduled to avoid the majority of 
employment and educational conflicts. 

(3) Each school shall have a written policy which 
allows for students to be excused from assigned 
classes by the instructor provided that the excused 
absence is made up and does not conflict with 
Subparagraph (b)(1) of this Rule. 

(4) No class session shall be scheduled or held for 
more than three hours excluding breaks on any 
day or evening. 

(c) Class Size. Class size shall be limited to a maximum 
of 35 persons. 

f4) — Court Liaisons. Each school shall develop and 
impl e m e nt written procedur e s of liaison with th e court. 
Th e s e procedures shall b e agreed upon and signed by th e 
designated employee of the school and by the clerk of court, 
judge and district attorney. These procedures shall include 
at l e ast th e following: 

f4^ the procedur e us e d to obtain r e ferral of offenders 



from th e court; 

(3^ a provision that the school will notify' each student 

of the time, date, and location of assigned classes; 

(3^ th e proc e dur e — for notifying th e — court — of a 

stud e nt's succ e ssful compl e tion of th e course; 

(4^ communicating — to — students — m — writing — the 

requirements — for completing — the course — and 
d e v e loping a proc e dur e to notiiy th e court of non 
complianc e cas e s. 
(d) Requirements contained m 10 NCAC 18F .0300 
SUBSTANCE ABUSE ASSESSMENTS FOR 
INDIVIDUALS CHARGED WITH OR CONVICTED OF 
DRIVING WHILE IMPAIRED (DWI) shall be followed by 
anyone who provides DWI assessments. 

(44(e) DWI Services Certificates Of Completion. The 
original copy of the North Carolina Department of Human 
Resources DWI Services Certificates of Completion shall be 
forwarded to DMH/DD/SAS for review within two weeks 
of completion of all services. 

Authority G.S. 20-179: 20-179.2; 143B-147. 

SECTION .5600 - SUPERVISED LIVING 

FOR INDIVIDUALS OF ALL DISABILITY 

GROUPS 

.5602 STAFF 

(a) Staff-client ratios shall be determined so as to enable 
staff to respond to individualized client needs. 

(b) A minimum of one staff member shall be present at 
all times when any adult client is on the premises, except 
when the client has been deemed capable of remaining in the 
home without supervision for a specified time by a qualified 
mental health, developmental disabilities and substance 
abuse professional of the operating agency or area program. 
The approval shall be documented. A minimum of one staff 
m e mb e r shall b e pr e s e nt at all tim es wh e n any adult cli e nt 
is on the premises in any facility serving clients with 
substance abuse disorders. — In facilitie s s erving clients of 
other disability group s , a minimum of on e staff m e mb e r 
shall b e pr e s e nt at all tim e s wh e n any adult cli e nt is on th e 
premises except when the client has been deemed capable of 
remaining in the home without supervision for a specified 
tim e by a qualifi e d prof e ssional of th e op e rating ag e ncy or 
ar e a program. — Th e approval shall b e docum e nt e d. 

(c) Staff shall be present in a facility in the following 
client-staff ratios when more than one child or adolescent 
client is present: 

(1) children or adolescents with mental illness or 
emotional disturbance shall be served with one 
staff present for every four or fewer clients 
present; 

(2) children or adolescents with substance abuse 
disorders shall be served with a minimum of one 
staff present for every five or fewer minor clients 
present during waking hours. However, only one 
staff member need be present during sleeping 



11:24 



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1823 



PROPOSED RULES 



plac e m e nt. 
(b) ^^lien a client discharged from a hospital is placed 
outside his county of residence, the hospital shall send, at 
th e tim e of discharg e , th e following r e cords to the area 
program in whose catchm e nt ar e a th e cli e nt is plac e d: 



hours if emergency back-up procedures as 
determined by the governing body are sufficient 
to allow only one staff member on duty; or 
(3) children or adolescents with developmental 
disabilities shall be served with one staff present 
for every one to three clients present and two 
staff for every four or more clients present. 
However, only one staff member need be present 
during sleeping hours if emergency back-up 
procedures are sufficient to allow only one staff 
member on duty. 

(d) In facilities which serve clients who have substance 
abuse disorders: 

(1) at least one staff member who is on duty shall be 
trained in alcohol and other drug withdrawal 
symptoms and symptoms of secondary 
complications to alcohol and other drug addiction; 

(2) when the clients are minors, staff shall be trained 
in youth development and therapeutic techniques 
in working with youth; and 

(3) the ser%'ices of a certified alcoholism counselor, a 
certified drug abuse counselor or a certified 
substance abuse coimselor shall be available on an 
as-needed basis for each client. 

(e) In facilities which serve individuals with behavior 
disorders in addition to developmental disabilities, the staff 
shall include at least one staff member who has received 
training in the area of behavior management through 
educational preparation in special education, psychology or 
a closely related field. 

Authorin G.S. MSB- 147. 

CHAPTER 15 - MENTAL HEALTH: 
HOSPITALS 

SUBCHAPTER 15A - GENERAL RULES 
FOR HOSPITALS 

SECTION .0100 - VOLUNTARY ADMISSIONS: 
ESTVOLUNTARY COMMITMENTS AND 

DISCHARGES OF ADULTS FROM 
REGIONAL PSYCHIATRIC HOSPITALS 

.0128 PLACEMENT OF CLIENTS 

OUTSIDE THEIR COUNTY OF 
RESIDENCE 

(a) — Wh e n a cli e nt of a hospital is to be plac e d in a 
facility outsid e his county of r e sid e nc e , hospital s taff s hall 
consult with staff of the area program which sen'es the 
county in which the client is to be placed prior to making 
such a plac e m e nt. Consultation shall includ e such issues as: Proposed Effective Date: August 1. 1998 



{\) hospital's psychiatric evaluation; 

(3) social history; and 

f3-) post institutional plan. 

In addition, th e hospital discharge summary shall b e s e nt to 
that area program within 30 days of discharg e . 

fe^ — Hospital staff shall notify' the area program that 
s e rv e s th e cli e nt's county of r e sid e nc e of th e cli e nt's 
plac e m e nt sit e within 72 hours of all planned discharges. 
That area program shall send to the area program in whose 
county the client will be placed a copy of the client's most 
r e c e nt tr e atm e nt plans, m e dication sheets and oth e r p e rtin e nt 
e valuation information in accordanc e with G.S. 122C 53(a) 
and 122C 55(a). 

{4) — The area program in whose county th e client is 
plac e d shall provid e s e n'ic e s to that cli e nt on th e sam e basis 
as s e r i 'icos are provid e d to oth e r r e sid e nts of th e catchm e nt 
a rea. 



Authority G.S. 122C-3; 122C-112; 122C-117; 143B-147. 

.0129 RESOLUTION OF DIFFERENCES 
OF OPINION 

(a) Exc e pt as provid e d in Rul e .0122(b) of this S e ction, 
differenc e s of opinion b e twe e n ar e a program staff and 
hospital staff regarding admission, treatment or discharge 
issues shall be resolved through negotiation involving 
appropriate hospital and ar e a program staff up to and 
including th e ar e a program's director and th e hospital's 
director. 

fb-) — If resolution cannot be reached by the Directors of 
th e two organizations, th e issu e in disput e may b e talc e n by 
cither party to th e appropriat e r e gional dir e ctor. 

{e^ — The regional director may choose to function as 
mediator of the dispute or he may choose to refer the matter 
to th e Division dir e ctor for r e solution. 



Authority G.S. 1438-147. 

****************** 

Notice is hereby given in accordance with G.S. 
1508-21. 2 that the DHR/Division of Medical Assistance 
intends to amend nde cited as 10 NCAC 268 .0123. Notice 
of Rule-making Proceedings was published in the Register on 
Januar\- 2, 1997. 



<-4-) th e cli e nt's charact e ristics; 

04 



k^ 



the area program's Imowledge of the facility being 
considered; and 

th e ar e a program's ass e ssm e nt of th e facility's 
abilitv to manage th e cli e nt b e ing consid e r e d for 



A Public Hearing will be conducted at 1:30 p.m. on April 
14, 1997 at the Kirby Building-Room 132, 1985 Umstead 
Drive, Raleigh, NC. 



1824 



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11:24 



PROPOSED RULES 



Reason for Proposed Action: This change in the language 
of the rule more clearly states that individuals for whom 
abuse or neglect has been substantiated are eligible for At- 
Risk Case Management Senices and brings the rule in 
accordance with the language in the Medicaid State Plan. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by April 14, 1997 to 
Portia Rochelle, APA Coordinator, Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, NC 27603. Oral 
comments may be presented at the hearing. A fiscal note 
statement is available upon written request from the same 
address. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. This Rule does 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12 -month period. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26B - MEDICAL ASSISTANCE 
PROVIDED 

SECTION .0100 - GENERAL 

.0123 CASE MGMT SVCS/ ADULTS/CHILDREN 
AT-RISK/ ABUSE/NEGLECT/ 
EXPLOITATION 

(a) Case management is a set of interrelated activities 
under which responsibility for locating, coordinating and 
monitoring appropriate services for an individual rests with 
a specific person or organization. The purpose of case 
management services for adults and children at-risk of 
abuse, neglect, or exploitation is to assist them in gaining 
access to needed medical, social, educational, and other 
services; to encourage the use of cost-effective medical care 
by referrals to appropriate providers; and to discourage 
over-utilization of costly services. Case management 
services will provide necessary coordination with providers 
of non-medical services such as nutrition programs like WIG 
or educational agencies, when services provided by these 
entities are needed to enable the individual to benefit from 
programs for which he or she is eligible. The set of 
interrelated activities are as follows: 

(1) Evaluation of the client's individual situation to 
determine the extent of or need for initial or 
continuing case management services. 

(2) Needs assessment and reassessment to identify the 
service needs of the client. 

(3) Development and implementation of an 
individualized plan of care to meet the service 
needs of the client. 

(4) Providing assistance to the client in locating and 
referring him or her to providers or programs that 
can meet the service needs. 

(5) Coordinating delivery of services when multiple 



providers or programs are involved in care 
provision. 
(6) Monitoring and following-up to ensure services 
are received, adequate to meet the client's needs, 
and consistent with good quality of care. 

(b) The target group includes: 

(1) Adults who are at-risk or show evidence of abuse, 
neglect, or exploitation as defined in G.S. 
108A-101. Children who are at-risk or show 
evidence of abuse or neglect as defined in G.S. 
7A-517; and 

(2) Who are Medicaid recipients; and 

(3) Who are not institutionalized; and 

(4) Who are not recipients of other 
Medicaid-reimbursed case management services 
provided through the State's home and 
community-based services waivers or the State 
Plan; and 

(5) Who reside in counties providing the non-Federal 
matching funds to offer this service. 

(c) The case manager shall determine whether an adult or 
child is at-risk of abuse, neglect, or exploitation as follows: 

(1) At-Risk Adult: An at-risk adult is an individual 
who is at least 18 years old, or an emancipated 
minor, and meets one or more of the following 
criteria: 

(A) An individual with only one consistent 
identified caregiver, who needs personal 
assistance 24 hours per day with two or 
more of the activities of daily living 
(bathing, dressing, grooming, toileting, 
transferring, ambulating, eating, 
communicating); or 

(B) An individual with no consistent identified 
caregiver, who is unable to perform at least 
one of the activities of daily living 
(bathing, dressing, grooming, toileting, 
transferring, ambulating, eating, 
communicating); or 

(C) An individual with no consistent identified 
caregiver, who is unable to carry out 
instrumental activities of daily living 
(managing financial affairs shopping, 
housekeeping, laundry, meal preparation, 
using transportation, using a telephone, 
reading, writing); or 

(D) An individual who was previously abused, 
neglected or exploited, and the conditions 
leading to the previous incident continue to 
exist. exist; or 

(E) An individual who is being abused, 
neglected, or ex ploited and is in need of 
protection. 

(2) At-Risk Child: An at-risk child is an individual 
under 18 years of age who meets one or more of 
the following criteria: 

(A) A child with a chronic or severe physical 



11:24 



NORTH CAROLINA REGISTER 



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1825 



PROPOSED RULES 



or mental condition whose parent(s) or 
caretaker(s) are unable or unwilling to meet 
the child's care needs; 

(B) A child whose parents are mentally or 
physically impaired to the extent that there 
is a need for assistance with maintaining 
family stability and preventing or 
remedying problems which may result in 
abuse or neglect of the child; or 

(C) A child of adolescent (under age 18) 
parents or parents who had their first child 
when either parent was an adolescent and 
there is a need for assistance with 
maintaining family stability, strengthening 
individual support systems, and preventing 
or remedying problems which may result in 
abuse or neglect of the child; or 

(D) A child who was previously abused or 
neglected, and the conditions leading to the 
previous incident continue to e xist, exist; or 

(E) A child who is being abused or neglected 
and is in need of protection. 

(d) Enrollment of providers will be accomplished in 
accordance with section 1902(a) (23) of the Social Security 
Act. 

(1) Case Manager Qualifications. Case managers 
must meet the following qualifications: 

(A) A case manager for at-risk adults must: 

(i) Have a Master of Social Work 
degree or a Bachelor of Social Work 
degree, or be a social worker who 
meets State requirements for Social 
Worker 11 classification; and 

(ii) Have training in recognizing risk 
factors related to abuse, neglect, or 
exploitation of elderly or disabled 
adults and in assessment of 
functional capacity and needs related 
to activities of daily living; and 

(iii) Have experience in case management 
services for elderly and disabled 
adults. 

(B) A case manager for at-risk children must: 

(i) Have a Master of Social Work 
degree or a Bachelor of Social Work 



degree, or be a social worker who 
meets State requirements for Social 
Worker II classification; and 
(ii) Have training in recognizing risk 
factors related to abuse or neglect of 
children and in assessing family 
functioning: and 
(iii) Have experience in case management 
services for children and their 
families. 
(2) Provider (Qualifications. Providers must meet the 
following qualifications: 

(A) Meet applicable State and Federal laws 
governing the panicipation of providers in 
the Medicaid program. 

(B) Be cenified by the Division of Social 
Services as a qualified case management 
provider. To be certified, a provider must: 

(i) Have qualified case managers with 
supervision provided by a supervisor 
who meets State requirements for 
Social Work Supervisor I or Social 
Work Supervisor II classification, 
(ii) Have the capability to access 
multi-disciplinary staff, when 
needed. For adults this includes, at 
a minimum, medical professionals as 
needed and an adult protective 
services social worker meeting the 
qualifications in Subparagraphs 
(d)(l)(A)(i) and (d)(l)(A)(ii) of this 
Rule. For children, this must 
include medical professionals as 
needed and a child protective 
services social worker meeting the 
qualifications in Subparagraphs 
(d)(l)(B)(i) and (d)(l)(B)(ii) of this 
Rule, 
(iii) Have experience as a legal guardian 
of persons and property. 

Authority G.S. 108A-25(b); 108A-54; Social Security' Act. 
1915(g). 



1826 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



TEMPORARY RULES 



Die Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant 
to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 



Rule-making Agency: DEHNR 
Services 



Commission for Health 



Rule Citation: 15A NCAC 24A .0202(d) (f) 

Effective Date: Paragraph (f) effective March 1, 1997 and 
Paragraph (d) effective April I, 1997 

Findings Reviewed by Beecher R. Gray: Approved 

Authority for the rule-making: G.S. 130A-4.2; 130A-5(3); 
130A-124; 130A-127; 130A-129; 130A-205 

Reason for Proposed Action: The purpose of this 
rulemaking is to increase the income eligibility for the HIV 
Medications Program to 125 percent of the poverty level and 
thereby make federal funding for HIV related care available 
to more North Carolina clients. This rulemaking will also 
decrease the income eligibility for the Cancer Control 
Program to 115 percent of the federal poverty level and 
subsequently decrease the number of eligible clients. This 
action is necessary to prevent over-obligation of state funds 
during the fiscal year. 

Comment Procedures: Comments may be submitted in 
writing within 60 days after the date of publication of this 
issue of the North Carolina Register to Richard Moore, 
DEHNR, Purchase of Medical Care Services Section, Office 
of the Controller, PO Box 29602, Raleigh, NC 27626. 

CHAPTER 24 - GENERAL PROCEDURES 
FOR PUBLIC HEALTH PROGRAMS 

SUBCHAPTER 24A - PAYMENT PROGRAMS 

SECTION .0200 - ELIGIBILITY DETERMINATIONS 

.0202 DETERMINATION OF FINANCIAL 
ELIGIBILITY 

(a) A patient must meet the financial eligibility 
requirements of this Subchapter to be eligible for benefits 
provided by the payment programs. Financial eligibility 
shall be determined through application of income scales. 
The definition of annual net income in Rule .0203 of this 
Subchapter and the definitions of family in Rule .0204 of 
this Subchapter shall be used in applying the income scales, 
except as provided in Paragraphs (f) and (g) of this Rule. 

(b) A person shall be financially eligible for inpatient 
services under the Sickle Cell Program if the net family 



income is at or below the following scale: Family Size 1: 
$4,200; Family Size 2: $5,300; Family Size 3: $6,400; 
Family Size 4: $7,500; Family Size 5 and over: add $500 
per family member. 

(c) A person shall be financially eligible for outpatient 
services under the Sickle Cell Program if the net family 
income is at or below the federal poverty level in effect on 
July 1 of each fiscal year. 

(d) A person shall be financially eligible for the HIV 
Medications Program if the net family income is at or below 
1 10 p e rc e nt 125 percent of the federal poverty level in effect 
on July 1 of each fiscal year. 

(e) A person shall be financially eligible for the Kidney 
Program if the net family income is at or below the 
following scale: Family Size 1: $6,400; Family Size 2: 
$8,000; Family Size 3: $9,600; Family Size 4: $11,000; 
Family Size 5: $12,000; Family Size 6 and over: add $800 
per family member. 

(f) A person shall be financially eligible for the Cancer 
Program if gross family income is at or below 200% 115 
percent of the federal poverty level in effect on July 1 of 
each year. 

(g) A child shall be financially eligible for Children's 
Special Health Services if the child is approved for Medicaid 
when applying or reapplying for program coverage, except 
for children eligible under Paragraph (h) and (i) of this 
Rule. 

(h) A child approved for Children's Special Health 
Services post adoption coverage pursuant to 15A NCAC 
21F .0800, shall be eligible for services under Children's 
Special Health Services if the child's net income is at or 
below the federal poverty level in effect on July 1 of each 
year. 

(i) Non-Medicaid eligible children covered by CSHS 
prior to January 1, 1996 who reapply for program coverage 
during 1996 shall be granted one additional year of 
eligibility if their net family income is at or below the 
federal poverty level approved for program use at the time 
that they apply. 

(j) A person shall be financially eligible for services 
under the Adult Cystic Fibrosis Program if the net family 
income is at or below the federal poverty level in effect on 
July 1 of each year. 

(k) The financial eligibility requirements of this 
Subchapter shall not apply to: 

(1) Migrant Health Program; 

(2) School Health Fund financial eligibility 
determinations performed by a local health 
department which has chosen to use the financial 
eligibility standards of the Department of Public 
Instruction's free lunch program; 

(3) Prenatal outpatient services sponsored through 



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TEMPORARY RULES 



local health depanment delivery funds, 15A 
NCAC 21C .0200; or through Perinatal Program 
high risk maternity clinic reimbursement funds, 
15A NCAC 21C .0300; 
(4) Diagnostic assessments for infants up to 12 
months of age with sickle cell syndrome. 
(1) Except as provided in Paragraphs (1) and (m) of this 
Rule, once an individual is determined financially eligible 
for payment program benefits, the individual shall remain 
fmancially eligible for a period of one year after the date of 
application for financial eligibility unless there is a change 
in the individual's family size pursuant to Rule .0204 of this 
Subchapter or his family's financial resources or expenses 
during that period. If there is a change, financial eligibility 
for payment program benefits must be redetermined. 
Financial eligibility must be redetermined at least once a 
year. 

(m) For purposes of the Kidney Program and HIV 
Medications Program, once an individual is determined to 
be financially eligible, if the application for financial 
eligibility was received by the Department in the fourth 
quarter of the fiscal year, the individual shall remain 
financially eligible for benefits until the end of the next 
fiscal year unless there is a change in the individual's family 
size pursuant to Rule .0204 of this Subchapter or his 
family's fmancial resources or expenses during that period, 
(n) Children eligible for Children's Special Health 
Services Program benefits under Paragraph (g) of this Rule 
are fmancially eligible for a service if they were Medicaid 
eligible on the date the requested service was initiated. 

(o) If the most current financial eligibility form on file 
with the Department shows that the patient was financially 
eligible on the date an Authorization Request for payment 
for drugs was received, the Authorization Request may be 
approved so long as the Authorization Request is received 
less than 30 days prior to the expiration of financial 
eligibility and the authorized service does not extend more 
than 30 days after the expiration of financial eligibility. 

History Note: Filed as A Temporary Amendment Eff. 

August 9, 1993 For a Period of 180 Days or Until the 

Permanent Rule Becomes Effective. Whichever is Sooner: 

Authority G.S. 130A-4.2; 130A-5(3); 130A-124: 130A-I27; 

130A-129: 130A-205: 

Eff. July 1. 1981; 

Amended Eff. My 1, 1986; April 1. 1984; July 1. 1983; 

October 1. 1982; 

Transferred and Recodified from 10 NCAC 4C .0202 Eff. 

April 4. 1990; 

Amended Eff. January 1. 1996; July 1. 1995; April 1, 1995; 

October 1. 1994; 

Temporary Amendment Eff. March 1, 1997 to Paragraph (f); 

Temporary Amendment Eff. April 1, 1997 to Paragraph (d). 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



Rule-making Agency: North Carolina Licensing Board for 
General Contractors 

Rule Citation: 21 NCAC 12 .0202 

Effective Date: February 18, 1997 

Findings Reviewed by Beecher R. Gray: Approved 

Authority for the rule-making: G.S. 87-1, 87-10 

Reason for Proposed Action: To require all general 
contractors to be licensed under at least one of five 
classifications. 

Comment Procedures: Written comments may be submitted 
to Mark D. Selph at the Board's office. The Board's 
address is P.O. Box 17187, Raleigh, NC 27619. 

CHAPTER 12 - LICENSING BOARD FOR 
GENERAL CONTRACTORS 

SECTION .0200 - LICENSING REQUIREMENTS 

.0202 CLASSIFICATION 

(a) A general contractor may must be certified in one of 
five classifications. These classifications are: 

(1) Building Contractor. This classification covers all 
types of building construction activity including 
but not limited to: commercial, industrial, 
institutional, and all types of residential building 
construction; covers all site work, grading and 
paving of parking lots, driveways, sidewalks, 
curbs and gutters which are ancillary to the 
aforementioned types of construction; and covers 
the work done under the specialty classifications 
of S(Concrete Construction), S(Insulation), 
S(Interior Construction), S(Masonry 
Construction), S(Roofmg), S(Metal Erection), and 
S(Swimming Pools). 

(2) Residential Contractor. This classification covers 
all types of construction activity pertaining to the 
construction of residential units which are 
required to conform to the residential building 
code adopted by the Building Code Council 
pursuant to G.S. 143-138; covers all site work, 
driveways and sidewalks ancillary to the 
aforementioned construction; and covers the work 
done as part of such residential units under the 
specialty classifications of S(Insulation), 
S(Masonry Construction), S(Roofing), and 
S(Swimming Pools). 

(3) Highway Contractor. This classification covers 
all types of highway construction activity 
including but not limited to: grading, paving of 
all types, installation of exterior artificial athletic 
surfaces, relocation of public and private utility 



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TEMPORARY RULES 



lines ancillary to the principal project, bridge 
construction and repair, sidewalks, curbs, gutters 
and storm drainage. Includes installation and 
erection of guard rails, fencing, signage and 
ancillary highway hardware; covers paving and 
grading of airport and airfield runways, taxiways, 
and aprons, including the installation of signage, 
runway lighting and marking; and covers work 
done under the specialty classifications of 
S(Boring and Tuimeling), S(Concrete 
Construction), S(Marine Construction) and 
S(Railroad Construction). If the contractor limits 
his activity to grading and does no other work 
described herein, upon proper qualification the 
classification of H(Grading and Excavating) may 
be granted. 

(4) Public Utilities Contractor. This classification 
includes those whose operations are the 
performance of construction work on the 
subclassifications of facilities set forth in G.S. 87- 
10(3). The Board may issue a license to a public 
utilities contractor that is limited to any of the 
subclassifications set forth in G.S. 87-10(3) for 
which the contractor qualifies. Within appropriate 
subclassification, a public utilities contractor 
license covers work done under the specialty 
classifications of S(Boring and Tunneling), 
PU(Communications), PU(Fuel Distribution), 
PU(Electrical-Ahead of Point of Delivery), and 
S(Swimming Pools). 

(5) Specialty Contractor. This classification shall 
embrace that type of construction operation and 
performance of contract work outlined as follows: 

(A) H(Grading and Excavating). Covers the 
digging, moving and placing of materials 
forming the surface of the earth, excluding 
air and water, in such a manner that the 
cut, fill, excavation, grade, trench, 
backfill, or any similar operation can be 
executed with the use of hand and power 
tools and machines commonly used for 
these types of digging, moving and material 
placing. Covers work on earthen dams and 
the use of explosives used in connection 
with all or any part of the activities 
described in this Subparagraph. Also 
includes clearing and grubbing, and erosion 
control activities. 

(B) S(Boring and Tunneling). Covers the 
construction of underground or underwater 
passageways by digging or boring through 
and under the earth's surface including the 
bracing and compacting of such 
passageways to make them safe for the 
purpose intended. Includes preparation of 
the groimd surfaces at points of ingress and 
egress. 



(C) PU(Communications). Covers the 
installation of the following: 

(i) All types of pole lines, and aerial 
and underground distribution cable 
for telephone systems; 

(ii) Aerial and underground distribution 
cable for Cable TV and Master 
Antenna TV Systems capable of 
transmitting R.F. signals; 

(iii) Underground conduit and 

commimication cable including fiber 
optic cable; and 

(iv) Microwave systems and towers, 
including foundations and 

excavations where required, when 
the microwave systems are being 
used for the purpose of transmitting 
R.F. signals. 

(D) S(Concrete Construction). Covers the 
construction and installation of foundations, 
pre -cast silos and other concrete tanks or 
receptacles, prestressed components, and 
gunite applications, but excludes bridges, 
streets, sidewalks, curbs, gutters, 
driveways, parking lots and highways. 

(E) PU(Electrical-Ahead of Point of Delivery). 
Covers the construction, installation, 
alteration, maintenance or repair of an 
electrical wiring system, including sub- 
stations or components thereof, which is or 
is intended to be owned, operated and 
maintained by an electric power supplier, 
such as a public or private utility, a utility 
cooperative, or any other properly 
franchised electric power supplier, for the 
purpose of furnishing electrical services to 
one or more customers. 

(F) PU(Fuel Distribution). Covers the 
construction, installation, alteration, 
maintenance or repair of systems for 
distribution of petroleum fuels, petroleum 
distillates, natural gas, chemicals and 
slurries through pipeline from one station 
to another. Includes all excavating, 
trenching and backfilling in cormection 
therewith. Covers the installation, 
replacement and removal of above ground 
and below ground fuel storage tanks. 

(G) PU(Water Lines and Sewer Lines). Covers 
construction work on water and sewer 
mains, water service lines, and house and 
building sewer lines as defined in the North 
Carolina State Building Code, and covers 
water storage tanks, lift stations, pumping 
stations, and appurtenances to water storage 
tanks, lift stations and pumping stations. 
Includes pavement patching, backfill and 



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1829 



a^taasi^s^B 



TEMPORARY RULES 



erosion control as part of such 
construction. 
(H) PU( Water Purification and Sewage 
Disposal). Covers the performance of 
construction work on water and wastewater 
treatment facihties and covers all site work, 
grading, and paving of parking lots, 
driveways, sidewalks, and curbs and 
gutters which are ancillary to such 
construction of water and wastewater 
treatment facilities. Covers the work done 
under the specialty classifications of 
S(Concrete Construction), S( Insulation), 
S(Interior Construction), S(Masonry 
Construction), S(Roofing), and S(Metal 
Erection) as part of such work on water 
and wastewater treatment facilities. 
(I) S(Insulation). Covers the installation, 
alteration or repair of materials classified 
as insulating media used for the non- 
mechanical control of temperatures in the 
construction of residential and commercial 
buildings. Does not include the insulation 
of mechanical equipment and ancillary lines 
and piping. 
(J) S(Interior Construction). Covers the 
installation of acoustical ceiling systems 
and panels; drywall partitions (load bearing 
and non-load bearing), lathing and 
plastering, flooring and finishing, interior 
recreational surfaces, window and door 
installation, and installation of fixtures, 
cabinets and millwork. Includes the 
removal of asbestos and replacement with 
non-toxic substances. 
(K) S(Marine Construction). Covers all marine 
construction and repair activities and all 
types of marine construction in deep-water 
installations and in harbors, inlets, sounds, 
bays, and channels; covers dredging, 
construction and installation of pilings, 
piers, decks, slips, docks, and bulkheads. 
Does not include structures required on 
docks, slips and piers. 
(L) S(Masonry Construction). Covers the 
installation, with or without the use of 
mortar or adhesives, of the following: 
(i) Brick, concrete block, gypsum 
partition tile, pumice block or other 
lightweight and facsimile units and 
products common to the masonry 
industry; 
(ii) Installation of fire clay products and 

refractory construction; 
(iii) Installation of rough cut and dressed 
stone, marble panels and slate units, 
and installation of structural glazed 



tile or block, glass brick or block, 
and solar screen tile or block. 
(M) S(Railroad Construction). Covers the 
building, construction and repair of railroad 
lines including: 

(i) The clearing and filling of rights-of- 
way; 
(ii) Shaping, compacting, setting and 

stabilizing of road beds; 

(iii) Setting ties, tie plates, rails, rail 

connectors, frogs, switch plates, 

switches, signal markers, retaining 

walls, dikes, fences and gates; and 

(iv) Construction and repair of tool sheds 

and platforms. 

(N) S(Roofing). Covers the installation and 

repair of roofs and decks on residential, 

commercial, industrial, and institutional 

structures requiring materials that form a 

water-tight and weather-resistant surface. 

The term "materials" shall be defined for 

purposes of this Subparagraph to include, 

among other things, cedar, cement, 

asbestos, clay tile and composition 

shingles, all types of metal coverings, 

wood shakes, single ply and built-up 

roofing, protective and reflective roof and 

deck coatings, sheet metal valleys, 

flashings, gravel stops, gutters and 

downspouts, and bituminous waterproofing. 

(O) S(Metal Erection). Covers: 

(i) The field fabrication, erection, repair 

and alteration of architectural and 

structural shapes, plates, tubing, 

pipe and bars, not limited to steel or 

aluminum, that are or may be used 

as structural members for buildings, 

equipment and structure; and 

(ii) The layout, assembly and erection 

by welding, bolting or riveting such 

metal products as, but not limited to, 

curtain walls, tanks of all types, 

hoppers, structural members for 

buildings, towers, stairs, conveyor 

frames, cranes and crane runways, 

canopies, carports, guard rails, 

signs, steel scaffolding as a 

permanent structure, rigging, 

flagpoles, fences, steel and 

aluminum siding, stadium and arena 

seating, bleachers, and fire escapes. 

(?) S(Swimming Pools). Covers the 

construction, service and repair of all 

swimming pools. Includes: 

(i) Excavation and grading; 

(ii) Construction of concrete, gtmite, and 

plastic-type pools, pool decks, and 



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TEMPORARY RULES 



walkways, and tiling and coping; 

and 

(iii) Installation of all equipment 

including pumps, filters and 

chemical feeders. Does not include 

direct cormections to a sanitary 

sewer system or to portable water 

lines, nor the grounding and bonding 

of any metal surfaces or the making 

of any electrical connections. 

(Q) S( Asbestos). This classification covers 

renovation or demolition activities 

involving the repair, maintenance, removal, 

isolation, encapsulation, or enclosure of 

Regulated Asbestos Containing Materials 

(RACM) for any commercial, industrial, or 

institutional building, whether public or 

private. It also covers all types of 

residential building construction involving 

RACM during renovation and/or 

demolition activities. 



(b) An applicant may be licensed in more than one 
classification of general contracting provided the applicant 
meets the qualifications for the classifications, which 
includes passing the examination for the classifications in 
question. The license granted to an applicant who meets the 
qualifications for all classifications will carry with it a 
designation of "unclassified." 

(c) The temporary amendment to this Rule shall not be 
enforced for a period of 60 days from the effective date of 
the temporary amendment and shall not apply to any bids 
undertaken or contracted during or prior to the 60 day 
period. The temporary amendment shall not apply to any 
construction begun prior to or during the 60 da^ period and 
shall not be applied retroactively. 

History Note: Authority G.S. 87-1; 87-10; 

Ejf. February 1, 1976; 

Readopted Ejf. September 26. 1977; 

Amended ff. June 1, 1994; June 1. 1992; May 1, 1989; 

January 1, 1983; 

Temporary Amendment Eff. February 18, 1997. 



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APPROVED RULES 



This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its 
meeting of February 20^ 1997 pursuant to G.S. 150B-21. 17(a)(1) and reported to the Joint Legislative Administrative 
Procedure Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the rules 
have been approved by RRC in a form different from that originally noticed in the Register or when no notice was 
required to be published in the Register. The rules published in full text are identified by an * in the listing of approved 
rules. Statutory Reference: G.S. 150B-21.17. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1998 Short Session of the 
General Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that 
specifically disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on 
the day the bill receives an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 
1508-21. 3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



15A 


NCAC 07M 


.0403 * 


19A 


NCAC 03J 


.0102 * 


19A 


NCAC 03J 


.0601 * 


23 


NCAC 02C 


.0304 * 


23 


NCAC 02E 


.0203 * 



10:18 NCR 2317 
11:17 NCR 1331 
11:17 NCR 1331 
not required, G.S. 150B-21.5 
11:09 NCR 586 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7M - GENERAL POLICY 
GUIDELINES FOR THE COASTAL AREA 

SECTION .0400 - COASTAL ENERGY POLICIES 

.0403 POLICY STATEMENTS 

(a) The placement and operations of major energy 
facilities in or affecting any land or water use or natural 
resource of the North Carolina coastal area shall be done in 
a manner that allows for protection of the environment and 
local and regional socio-economic goals as set forth in the 
local land-use plan(s) and State guidelines in 15A NCAC 7H 
and 7M. The placement and operation of such facilities 
shall be consistent with established state standards and rules 
and shall comply with local land use plans and with 
guidelines for land uses in AECs. 

(b) Proposals, plans and permit applications for major 
energy facilities to be located in or affecting any land or 
water use or namral resource of the North Carolina coastal 
area shall include a full disclosure of all costs and benefits 
associated with the project. This disclosure shall be 
prepared at the earliest feasible stage in planning for the 
project and shall be in the form of an impact assessment 
prepared by the applicant as defined in 15A NCAC 7M 
.0402. 

(c) Local governments shall not unreasonably restrict the 



development of necessary energy facilities; however, they 
may develop siting measures that will minimize impacts to 
local resources and to identify potential sites suitable for 
energy facilities. 

(d) Energy facilities that do not require shorefront access 
shall be sited inland of the shoreline areas. In instances 
when shoreline portions of the coastal zone area are 
necessary locations, shoreline siting shall be acceptable only 
if it can be demonstrated that coastal resources and public 
trust waters will be adequately protected, the public's right 
to access and passage will not be unreasonably restricted, 
and all reasonable mitigating measures have been taken to 
minimize impacts to AECs. 

(e) The scenic and visual qualities of coastal areas shall 
be considered and protected as important public resources. 
Energy development shall be sited and designed to provide 
maximum protection of views to and along the ocean, 
sounds and scenic coastal areas, and to minimize the 
alteration of natural landforms. 

(f) All energy facilities in or affecting any land or water 
use or natural resource of the coastal area shall be sited and 
operated so as to be consistent with the following criteria to 
the maximum extent practicable. 

(1) Risks of environmental harm to fish spawning 
areas, in or affecting the coastal area, shall be 
assessed and minimized. 

(2) Risks of environmental harm to coastal resources 
and uses shall be assessed and minimized. 
Necessary data and information required by the 
state for state permits and federal consistency 
reviews, pursuant to 15 CFR part 930, shall 



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APPROVED RULES 



completely assess the risks of oil spills, evaluate 
possible trajectories, and enumerate response and 
mitigation measures employing the best available 
technology to be followed in the event of a spill. 
The information must demonstrate that the 
potential for oil spills and ensuing damage to 
coastal resources has been minimized and shall 
factor environmental conditions, currents, winds, 
and inclement events such as Northeasters and 
hurricanes, in trajectory scenarios. For facilities 
requiring an Oil Spill Contingency Plan, this 
information shall be included in such a plan. 

(3) Dredging, spoil disposal and construction of 
related structures that are reasonably likely to 
affect any land or water use or namral resource of 
the coastal area shall be minimized, and any 
unavoidable actions of this sort shall minimize 
damage to the marine environment. 

(4) Damage to or interference with existing or 
traditional uses, such as fishing, navigation and 
access to public trust areas, and areas with high 
biological or recreational value, shall be avoided 
to the extent that such damage or interference is 
reasonably likely to affect any land or water use 
or natural resource of the coastal area. 

(5) Placement of structures in geologically unstable 
areas, such as unstable sediments and active 
faults, shall be avoided to the extent that damage 
to such structures resulting from geological 
phenomena is reasonably likely to affect any land 
or water use or natural resource of the coastal 
area. 

(6) Wildlife destruction or relocation shall be assessed 
and minimized to the extent that such destruction 
or relocation is reasonably likely to affect any 
land or water use or natural resource of the 
coastal area. 

(7) Adverse impacts on species identified as 
threatened or endangered on Federal or State lists 
shall be avoided. 

(8) Major energy facilities are not appropriate uses in 
fragile or historic areas, and other areas 
containing environmental or natural resources of 
more than local significance, such as parks, 
recreation areas, wildlife refuges, and historic 
sites. 

(9) No energy facilities shall be sited in areas where 
they pose a threat to the integrity of the facility 
and surrounding areas, such as ocean front areas 
with high erosion rates, areas having a history of 
overwash or inlet formation, and areas in the 
vicinity of existing inlets. 

(10) In the siting of energy facilities and related 

structures, the following areas shall be avoided to 

the maximum extent practicable: 

(A) areas of high biological significance, 

including offshore reefs, rock outcrops and 



hard bottom areas, sea turtle nesting 
beaches, freshwater and saltwater wetlands, 
primary nursery areas, submerged aquatic 
vegetation beds, shellfish beds, anadromous 
fish spawning and nursery areas, and 
colonial bird nesting colonies; 

(B) major tracts of maritime forest and other 
important namral areas as identified by the 
North Carolina Natural Heritage Program; 

(C) crossings of streams, rivers, and lakes 
except for existing readily-accessible 
corridors; 

(D) anchorage areas and congested port areas; 

(E) artificial reefs, shipwrecks, and submerged 
archaeological resources; 

(F) dump sites; 

(G) areas of large dunes or well-developed 
frontal dune systems; 

(H) heavily developed and heavily used 
recreation areas. 

(11) Where impacts on these areas cannot be avoided, 
and the impact affects any land or water use or 
namral resource of the coastal area, damage shall 
be mitigated to the maximum extent practicable, 
and affected areas shall be restored to their 
original functions pursuant to a plan of 
reclamation, which must be a part of the 
consistency determination or permit. 

(12) Construction of energy facilities shall occur only 
during periods of lowest biological vulnerability. 
Nesting and spawning periods shall be avoided. 

(13) If facilities located in the coastal area are 
abandoned, habitat of equal value to or greater 
than that existing prior to construction shall be 
restored as soon as practicable following 
abandonment. For abandoned facilities outside 
the coastal area, habitat in the areas shall be 
restored to its preconstruction state and functions 
as soon as practicable if the abandonment of the 
strucmre is reasonably likely to affect any land or 
water use or natural resource of the coastal area. 

History Note: Authority G.S. 113A-102(b); 113A-107; 

113A-124: 

Eff. March 7, 7979.- 

Amended Eff. August 7^ 1998: April 1, 1992. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR VEHICLES 

SUBCHAPTER 3J - RULES AND REGULATIONS 

GOVERNING THE LICENSING OF 

COMMERCIAL TRUCK DRIVER TRAINING 

SCHOOLS AND INSTRUCTORS 



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APPROVED RULES 



SECTION .0100 - COMMERCIAL TRUCK DRIVER 
TRAINING SCHOOLS 

.0102 DEFINITIONS 

For the purpose of this Subchapter, the following 
definitions shall apply: 

(1) "Actively Enrolled" means any student who is 
neither a graduate nor has failed to complete his 
or her course. 

(2) "Base Period" means a six-month period from 
January 1 through June 30 or from July 1 through 
December 31. 

(3) "Commercial Truck Driver Training School" 
means any enterprise conducted by an individual, 
association, partnership, or corporation for the 
education and training of persons, either in class 
or behind the wheel, or both, to operate or drive 
a truck-tractor-trailer combination unit, and 
charging a consideration or tuition for such 
services. 

(4) "Constructive Notice" means a student's notice of 
intention to withdraw from a course by failing to 
attend residence instructional facilities for a period 
of three consecutive days on which that class 
meets. 

(5) "Cooling off Period" means five days from the 
time the smdent is given or mailed a signed copy 
of his completed contract. 

(6) "Enrollment contract" means any agreement or 
instrument, however named, which creates or 
evidences an obligation binding a student to 
purchase a course from a school. 

(7) "Fail to Complete" means any student who does 
not fully complete the required 160 hours of the 
lessons or classes required by the Division as 
constituting the full course of study and who 
cancels by any of the methods prescribed, shall be 
deemed to have "failed to complete" his or her 
course. 

(8) "Field Training" means off-road training in and 
around the truck. Refer to Rule .0306(2)(b), (c), 
(e), and (i) of Section .0300. 

(9) "Foreign Commercial Truck Driver Training 
School" means an enterprise located outside North 
Carolina which solicits, advertises, or offers truck 
driver training to residents of North Carolina. 

(10) "General Job or Earnings Claim" means any 
express claim or representation concerning the 
general conditions or employment demand in any 
employment market now or at any time in the 
future or the amount of salary or earnings 
generally available to persons employed in any 
occupation. 

(11) "Graduate" means any student who fully 
completes the required 160 hours of the lessons or 
classes required by the Division and discharges 
any other requirements or obligations established 



(12) 
(13) 



(14) 
(15) 



(16) 
(17) 



by the school as prerequisites for completing the 
full course of study. 

"Job or Earnings Claim" means any general or 
specific job or earnings claim. 
"Media Advertisement" means any advertisement 
disseminated to the public by means of print or 
broadcast media, including newspapers, 
magazines, radio, television, posters, or any other 
means. It does not include promotional materials 
that are available from a school or distributed by 
its sales representatives. 

"Most Recent Base Period" means the latest base 
period. 

"New Course" means any course which has a 
substantially different course content and 
occupational objective from any course previously 
offered by the school and which has been offered 
for a period of time less than six months. 
"Prospective Student" means any person who 
seeks to enroll in a course. 
"Recruiter/Salesman" means any person who is 
employed by a commercial truck driver training 
school, directly or indirectly, to recruit students 
for a school. This definition includes persons 
who are employed by another person who is a 
direct employee or broker for a school. 
"Refresher Course" means a minimum 80-hour 
course which offers classroom and behind the 
wheel instruction for drivers who have previously 
held a CDL, Class A, or Chauffeurs License. 
"Seminar" means a course of 40 hours or less 
offering educational materials and classroom 
instruction only in order to prepare a student for 
an examination given by the State for a driver's 
license. 

"Specific Job or Earnings Claim" means any 
express claim or representation concerning the 
employment opportunities available to students or 
the demand for students who purchase the 
school's course, or the amount of salary or 
earnings available to students who purchase the 
school's course. 

"Student" means any person who has signed an 
enrollment contract with a school and not 
canceled that contract before the 
cooling-off-period, specified in this Rule, has 
ended. 

"Total Contract Price" means the total price for 
the enrollment contract, including charges for 
registration, ancillary services, and any finance 
charges. 



History Note: Authority G.S. 20-320; 20-321; 

Eff. May 1, 1987; 

Amended Eff. August 1^ 1998; January 1, 1994; February 1, 

1991. 



(18) 



(19) 



(20) 



(21) 



(22) 



1834 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



APPROVED RULES 



SECTION .0600 - CONTRACTS 

.0601 REQUIREMENTS 

Commercial truck driver training school contracts for 
students are required if the course of instruction contracted 
for by the student is a refresher course or a course of 160 
hours or more. The contract shall contain, but is not 
limited to, the following information: 

(1) The agreed total contract charges and full terms 
of payment thereof. 

(2) The number, nature, time, and extent of lessons 
contracted for, including: 

(a) minimum hours of instruction as required 
in Rule .0306 of this Subchapter. 

(b) rate for use of school vehicle for a driver's 
license road test, if an extra charge is 
made. 

(3) A statement which reads substantially as follows: 
"This agreement constitutes the entire contract 
between the school and the student, and any 
verbal assurances or promises not contained 
herein shall bind neither the school nor the 
student." 

(4) A statement which reads as follows: "This school 
is licensed by the State of North Carolina, 
Division of Motor Vehicles." 

(5) A statement which reads as follows: "If you, as a 
student, are unable to settle a dispute with the 
school, please direct your grievances to the North 
Carolina Division of Motor Vehicles, 
Enforcement Section, 1 100 New Bern Avenue, 
Raleigh, North Carolina 27697-0001." 

History Note: Authority G.S. 20-321; 20-322; 20-323; 
Ejf. May 1, 1987; 

Amended Ejf. August 1^ 1998; January 1, 1994; February 1, 
1991; May 1. 1990. 



TITLE 23 - DEPARTMENT OF COMMUNITY 
COLLEGES 

CHAPTER 2 - COMMUNITY COLLEGES 

SUBCHAPTER 2C - COLLEGES: 
ORGANIZATION AND OPERATIONS 

SECTION .0300 - STUDENTS 

.0304 STUDENT LOAN FUNDS FOR 

VOCATIONAL AND TECHNICAL 
EDUCATION 

(a) The loan fund shall be held by the State Board and 
released by the System President of the Department of 
Community Colleges to meet loan commitments made by the 
various institutions. 

(b) The Department of Community Colleges shall 



disseminate information concerning the Student Loan Fund 
to all chief administrative officers of technical institutes and 
community colleges, hereinafter referred to as institutions. 
The Department of Community Colleges shall prepare news 
releases, brochures, and other publications interpreting the 
student loan program. 

(c) Applicants for the loans shall be furnished copies of 
the governing rules adopted by the board. Recipients of 
loans, by virtue of having complied with all the 
requirements for receiving aid, shall thereby be 
acknowledging their agreement to abide by the purpose of 
the fund and the rules prescribed by the board. Each 
institution is responsible for administering the fund and for 
making and collecting the loans. Periodically, as 
determined by the System President of the Department of 
Community Colleges and the State Board, collections on the 
loans shall be transmitted to the State Board. The 
institution, through a student loan committee, shall be 
responsible for the selection of those candidates to be 
recipients of student loans. 

(d) The System President of the Department of 
Community Colleges shall request institutions to furnish his 
office with appropriate enrollment verification that recipients 
of student loans are full-time students, and other necessary 
reports and information for proper records and control of 
total program. 

(e) The State Board shall have authority to revoke any 
loan if and when it should be determined that: 

(1) The information submitted in support of the 
application was willfully reported erroneously or 
incompletely; or 

(2) The student is not pursuing his work 
satisfactorily. 

(f) It shall be the responsibility of the loan recipients to 
keep the chief administrative officers of institutions 
informed of any change in address, status, or employment. 

(g) Recipients of student loans may be granted financial 
assistance of not more than three hundred dollars ($300.00) 
per academic school year. The number of loans shall be 
determined by the demand and the availability of funds. 

(h) Recipients of student loans shall execute promissory 
notes on forms approved by the Attorney General. All 
student loans shall be evidenced by said notes, approved by 
and made payable to the institution granting the loan, which 
shall bear interest at the rate of three and one-half percent 
per annum. Repayment of such principal together with 
accrued interest thereon, shall be made over a minimum of 
five-year repayment period, commencing one year after the 
maker of the note ceases to be a full-time student in an 
institution and ending six years after such date. Interest 
shall accrue from the beginning of such repayment period. 
In the event the loan recipient acquires a disability as 
defined in the North Carolina Workers' Compensation Act, 
or dies, the unpaid indebtedness shall be canceled. In the 
event a loan recipient fails to maintain a "c" average or 
permanently withdraws from the institution, the entire 
indebtedness shall become due payable, with interest 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1835 



APPROVED RULES 



commencing on that date, 
(i) Each candidate for a loan must: 

(1) be a resident of Nonh Carolina and be or expect 
to be a full-time student of the approved 
institution as defined by the State Depanment of 
Community Colleges; 

(2) declare that he is in need of financial aid to 
continue his studies as evidenced by information 
on furnished forms; 

(3) apply on forms provided by the State Depanment 
of Community Colleges; 

(4) be approved by the institution student loan 
committee; 

(5) use the proceeds of the loan only for the payment 
of tuition and required fees, institutional 
equipment, materials, and books, board and 
room, and similar living expenses. 

(j) Applications shall be submitted to the chief 
administrative officers of institutions on forms prescribed 
and supplied by the System President of the Depanment of 
Community Colleges. .Additional forms essential to the 
operation of the Smdent Loan Fund may be developed in the 
discretion of the System President of the Department of 
Community Colleges. 

Hision- \ote: Authority G.S. 115D-1: 115D-5: 

Eff. February 1, 1976; 

Readopted Eff. January 5, 1978: 

Amended Eff. March L 1997; December 1. 1984. 

SUBCHAPTER 2E - EDUCATIONAL PROGRAMS 

SECTION .0200 - CUTIRICUXUTVI PROGRAMS 

.0203 STANDARDS FOR 

TECHNICAL-VOCATIONAL 
CUHRICULLfMS 

(a) Standards. The standards for each occupational 
curriculum, technical or vocational, shall be developed in 
accordance with the following guidelines. Each institution 
shall design its curriculum courses and requirements to 
comply with the standards for the curriculum. Each 
institution shall also follow procedures for curriculum 
appro\al as outlined in Rules .0101 and .0102 of this 
Subchapter. 

(b) Guidelines for Technical-Vocational Curriculums 

(1) Each curriculum shall be de\eloped to meet 
specific occupational objectives and occupational 
educational competencies. The curriculum shall 
be designed to lead to employment. The 
curriculum shall emphasize knowledge, skills, and 
altitudes appropriate to the occupational cluster 
for which it is designed, with the necessary 
information about instruments, tools, equipment, 
and processes included as an integral pan of the 
curriculum. 

(2) The curriculum is defined as consisting of a 



course or a group of courses organized in a 
logical sequence to meet occupational educational 
goals and that meet the following criteria. 

(A) The curriculum consists of a course or 
courses which total a minimum of 16 
quarter hour credits. 

(B) The curriculum covers the instruction in the 
designated competencies for an occupation. 

(3) Curriculums leading to the Associate in Applied 
Science (A.A.S.) degree shall require from 96 
quarter hour credits to 128 quarter hour credits 
for graduation. Total quarter hour credits 
required for each curriculum shall be established 
at a minimum with the maximum allowed being 
no more than 10 percent above the minimum. 

(4) Curriculums leading to the diploma shall require 
from 64 to 128 quarter hour credits for 
graduation. Quarter hour credits for each 
curriculum shall be established at a minimum with 
a maximum being no more than 10 percent above 
the minimum. 

(5) Certificates shall be awarded to a graduate of a 
curriculum of fewer than 64 quarter hour credits 
in length. 

(6) Technical Curriculums 

(A) Technical curticulums shall be designed to 
prepare individuals for employment in 
fields recognized as semiprofessional or 
paraprofessional in status. They shall be 
composed of collegiate-level studies (not 
necessarily transferable) providing a greater 
degree of theoretical knowledge than 
manipulative skills and shall be oriented to 
a broad occupational cluster. 

(B) Graduates from a technical cumculum shall 
have at least 18 quarter hour credits in the 
areas of English, social science, and the 
humanities. 

(C) The Associate in Applied Science degree 
shall be awarded to the graduate of a 
technical curriculum with 96 quarter hour 
credits or more. 

(7) Technical Specialty Curriculums 

(A) Technical specialty curriculums shall be 
designed to prepare individuals for 
employment in fields recognized as 
semiprofessional or paraprofessional in 
status. They shall be composed of 
collegiate-level studies (not necessarily 
transferable) providing a greater degree of 
theoretical knowledge than manipulative 
skills. 

(B) Technical specialty curriculums shall 
include only those general education and 
related courses necessary to support the 
technical courses offered in the curriculum. 

(C) Technical specialty curriculums usually are 



1836 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



APPROVED RULES 



composed of selected technical courses 
designed to prepare for a particular 
technical skill. Technical specialty 
curriculums shall range from 16 to 95 
quarter hour credits for each curriculum 
established at a minimum with the 
maximum allowed being no more than 10 
percent above the minimum. 

(D) The diploma shall be awarded to the 
graduate of a technical specialty curriculum 
64 to 95 quarter hour credits in length. 

(E) The certificate shall be awarded to the 
graduate of a technical specialty curriculum 
with fewer than 64 quarter hour credits in 
length. 

(8) Vocational Curriculums 

(A) Vocational curriculums shall be designed to 
prepare individuals for skilled or 
semiskilled employment opportunities. 
Study is primarily oriented to the 
development of manipulative skill 
competencies for use in a specialized 
occupation. 

(B) Graduates from a vocational curriculum 
shall have at least six quarter hour credits 
in one or more of the areas of 
communications skills, applied sciences, 
and applied social sciences. 

(C) The diploma shall be awarded to the 
graduate of a vocational curriculum that is 
64 or more quarter hour credits in length. 
The certificate shall be awarded to the 
graduate of a vocational curriculum of 
fewer than 64 quarter hour credits in 
length. 

(9) Vocational Specialty Curriculums 

(A) Vocational specialty curriculums shall be 
designed to prepare students for skilled or 
semiskilled employment opportunities. 
Study is primarily oriented to the 
development of manipulative skills for use 
in a specialized occupation. 

(B) Vocational specialty curriculums usually 
include only those subjects necessary to 
support the development of the skills for 
the specialized occupation. Vocational 
specialty curriculums shall be a minimum 
of 16 quarter hour credits in length. 

(C) A certificate shall be awarded to the 
graduate of a vocational specialty 
curriculum. 

(10) Procedures of Establishing Standards for Each 

Curriculum 

(A) The standards for each curriculum shall be 
established jointly by the Department of 
Community Colleges and the institution(s) 
offering or proposing to offer the 



(11) 



(12) 



curriculum. 

(B) A curriculum may have subject categories 
established with minimum and maximum 
quarter hour credit ranges for the subject 
area. Technical curriculums shall have 
minimum quarter hour credits established 
for the following subject categories: 
technical, related and general education. 
Elective quarter hour credits may also be 
included as a category. Vocational 
curriculums may have subject categories 
established. 

(C) A minimum percentage of quarter hour 
credits awarded to class work shall be 
specified for each curriculum. 

(D) Cooperative education or work experience 
may be included in the curriculum up to a 
maximum of 12 quarter hour credits. 
Under a curriculum standard specifically 
designed for select associate degree 
programs, work experience shall be 
included in a curriculum up to a maximum 
of 24 quarter hour credits. The select 
associate degree programs shall be based 
on a program of studies registered under 
North Carolina Department of Labor 
Apprenticeship programs. Only 12 quarter 
hour credits of work experience shall earn 
budget FTE. The Department shall 
implement the Pilot Work Experience 
project and shall submit to the State Board 
a report, including the number of students 
involved and associated costs, one year 
after this Rule as revised is effective. 

Procedures for Changing Standards for Each 
Curriculum. Changes in standards for each 
curriculum shall require the approval of the State 
Board. Request for changes in the standards 
approved by the State Board for a curriculum 
shall be made to the Board under the following 
conditions: 

(A) Request to the Department of Community 
Colleges to change the standards; 

(B) Concurrence by the majority of institutions 
offering the specific curriculum; 

(C) Concurrence by the Department of 
Community Colleges. 

Procedures for Designing Curriculums at the 
Institutional Level 

(A) The institution shall be responsible for the 
design of the curriculum at the institutional 
level. 

(B) The curriculum shall adhere to the 
standards as approved by the State Board 
for the curriculum. 

(C) When standards are to be developed for a 
new curriculum, the institution or 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1837 



APPROVED RULES 



institutions planning to submit applications 
to the State Board for curriculum approval 
shall jointly develop the standards with the 
Department of Community Colleges for the 
proposed curriculum for presentation to the 
State Board for action. 
(D) The institution shall maintain on file with 
the Department of Community Colleges a 
copy of the official curriculum approved by 
the institution's board of trustees. A copy 
of each revised curriculum shall be filed 
with the Department of Community 
Colleges prior to implementation at the 
institution. 

History- Note: Authority G.S. II5D-5: 

Eff. July 1. 1979: 

Amended Eff. July L 1998; December 1, 1984. 



1838 NORTH CAROLINA REGISTER March 14, 1997 11:24 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday, March 20, 1997, 
10:00 a.m. , at 1307 Glenwood Ave., Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any 
rule before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners 
bv Mondaw March 17, 1997, gi 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review 
Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at 
least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Philip O. Redwine - Chairman 

Vemice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 



Appointed by House 

Bill Graham - Vice Chairman 

James Mallory, III 

Paul Powell 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



March 20, 1997 
April 17, 1997 
May 15, 1997 



June 19, 1997 
July 17, 1997 
August 21, 1997 



MEETING DATE: MARCH 20, 1997 



LOG OF FILINGS 
RULES SUBMITTED: JANUARY 20, 1997 THROUGH FEBRUARY 20, 1997 



AGENCY/DIVISION 



RULE NAME 



ADMINISTRATION/STATE BUILDING COMMISSION 

Authority 

Policy 

Definitions 

General Procedures 

Criteria for Consideration 

AGRICULTURE/PLANT CONSERVATION BOARD 

Endangered Plant Species List 
Threatened Plant Species List 
Plant Species 

Collection & Sale of Ginseng 
Collection & Sale of Venus Flytrap 

DHR/CHILD DAY CARE COMMISSION 

General Safety Requirements 
In-Service Training 

DEPARTMENT OF INSURANCE 

Officers 

Meetings 

Persons and Practices 

Equivalent Experience 

Reciprocity 

Net Assets 



RULE 


ACTION 


1 NCAC 30G .0101 


Adopt 


I NCAC 30G .0102 


Adopt 


1 NCAC 30G .0103 


Adopt 


I NCAC 30G .0104 


Adopt 


1 NCAC 30G .0105 


Adopt 


2 NCAC 48F .0301 


Amend 


2 NCAC 48F .0302 


Amend 


2 NCAC 48F .0304 


Amend 


2 NCAC 48F .0305 


Amend 


2 NCAC 48F .0306 


Amend 


10 NCAC 3U .0604 


Amend 


10 NCAC 3U .0707 


Amend 


11 NCAC 8 .1001 


Adopt 


11 NCAC 8 .1002 


Adopt 


11 NCAC 8 .1003 


Adopt 


11 NCAC 8 .1004 


Adopt 


11 NCAC 8 .1005 


Adopt 


11 NCAC 8 .1006 


Adopt 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1839 



'•.^ntm^nmr^mi 



majaHui,nj!0tntjajiB.-cmirn: 



RULES REVIEW COMMISSION 



Examination 

Applications for Licenses 

Display of License 

Appeals of Denials 

Fee Schedule 

Definitions 

Standards of Practice 

Puipose and Scope 

General Limitations 

General Exclusions 

Structural Components 

Exterior 

Roofing 

Plumbing 

Electrical 

Heating 

Central Air Conditioning 

Interiors 

Insulation and Ventilation 

Built-in Kitchen Appliances 

Code of Ethics 

Definitions 

Complaints 

Board Staff 

Investigation 

Disciplinary Hearing 

Presiding Officer 

Prehearing Conference 

Consent Agreement 

Final Board Order 

Consent to Rate Procedures 

Consent to Rate Procedures 

Consent to Rate Procedures 

Applicability 

Definitions 

Basic and Premium Deficiency 

Calculation 

Calculation 

Viatical Settlement Providers 

DEHNR/WILDLIFE RESOURCES COMMISSION 

No Wake Zone-Atlantic Beach 
No Wake Zone-Iredell County 



1 1 NCAC 8 


1007 


Adopt 


1 1 NCAC 8 


1008 


Adopt 


1 1 NCAC 8 


1009 


Adopt 


1 1 NCAC 8 


1010 


Adopt 


1 1 NCAC 8 


1011 


Adopt 


1 1 NCAC 8 


1101 


Adopt 


1 1 NCAC 8 


1102 


Adopt 


1 1 NCAC 8 


1103 


Adopt 


11 NCAC 8 


1104 


Adopt 


1 1 NCAC 8 


1105 


Adopt 


1 1 NCAC 8 


1106 


Adopt 


11 NCAC 8 


1107 


Adopt 


1 1 NCAC 8 


1108 


Adopt 


1 1 NCAC 8 


1109 


Adopt 


11 NCAC 8 


1110 


Adopt 


1 1 NCAC 8 


1111 


Adopt 


11 NCAC 8 


1112 


Adopt 


11 NCAC 8 


1113 


Adopt 


11 NCAC 8 


1114 


Adopt 


11 NCAC 8 


1115 


Adopt 


1 1 NCAC 8 


1116 


Adopt 


1 1 NCAC 8 


1201 


Adopt 


11 NCAC 8 


1202 


Adopt 


11 NCAC 8 


1203 


Adopt 


1 1 NCAC 8 


1204 


Adopt 


11 NCAC 8 


1205 


Adopt 


11 NCAC 8 


1206 


Adopt 


11 NCAC 8 


1207 


Adopt 


1 1 NCAC 8 


1208 


Adopt 


11 NCAC 8 


1209 


Adopt 


11 NCAC 10 


.0602 


Amend 


11 NCAC 10 


.0603 


Amend 


11 NCAC 10 


.0606 


Adopt 


11 NCAC 11 


F .0401 


Adopt 


1 1 NCAC 1 1 


F .0402 


Adopt 


11 NCAC 11 


F .0403 


Adopt 


1 1 NCAC 1 1 


F .0404 


Adopt 


1 1 NCAC 1 1 


F .0405 


Adopt 


11 NCAC 12 


.1702 


Amend 


15A NCAC lOF .0302 


Amend 


15A NCAC lOF .0307 


Amend 



N.C. BOARD OF NURSING 

Students 



21 NCAC 36 .0320 



Amend 



N.C. BOARD OF PHARMACY 

Definitions 

Registration and Permits 
Supervision of Drugs 
Institutional Pharmacy 
Medication 

Automatic Stop Orders 
Institutional Discharge 
Personnel 
Responsibilities 
Physical Requirements 



21 NCAC 46 


.1317 


Amend 


21 NCAC 46 


.1401 


Amend 


21 NCAC 46 


.1402 


Repeal 


21 NCAC 46 


.1403 


Repeal 


21 NCAC 46 


.1404 


Repeal 


21 NCAC 46 


.1406 


Repeal 


21 NCAC 46 


.1408 


Repeal 


21 NCAC 46 


.1410 


Adopt 


21 NCAC 46 


.1411 


Adopt 


21 NCAC 46 


.1412 


Adopt 


March 14, 


1997 



1840 



NORTH CAROLINA REGISTER 



11:24 



RULES REVIEW COMMISSION 



Absence of Pharmacist 


21 NCAC 46 


.1413 


Adopt 


Drug Distribution 


21 NCAC 46 


.1414 


Adopt 


Medication 


21 NCAC 46 


.1415 


Adopt 


Repackaging 


21 NCAC 46 


.1416 


Adopt 


When Permits Required 


21 NCAC 46 


.1603 


Amend 


Transfer of Permits 


21 NCAC 46 


.1604 


Amend 


Dispensing by Registered Nurse 


21 NCAC 46 


.1701 


Repeal 


Drugs to be Dispensed 


21 NCAC 46 


.1703 


Amend 


Prepackaging 


21 NCAC 46 


.1704 


Repeal 


Records of Dispensing 


21 NCAC 46 


.1705 


Repeal 


Changes in Prescription Orders 


21 NCAC 46 


.1812 


Adopt 


Orders 


21 NCAC 46 


.2602 


Amend 


Rehabilitation Equipment 


21 NCAC 46 


.2609 


Amend 


Medical Equipment 


21 NCAC 46 


.2611 


Adopt 



RULES REVIEW OBJECTIONS 



ACUPUNCTURE LICENSING BOARD 



21 NCAC 1 .0706 - Continuances 

Agency Revised Rule 
21 NCAC 1 .0707 - Disqualification for Personal Bias 

Agency Revised Rule 

COMMUNITY COLLEGES 

23 NCAC 2C .0304 - Student Loan Funds for Vocational and Technical Education 

Agency Revised Rule 
23 NCAC 2E .0203 - Standards for Technical-Vocational Curriculums 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



01/16/97 
02/20/97 
01/16/97 
02/20/97 



01/16/97 
02/20/97 
01/16/97 
02/20/97 



Coastal Management 

15A NCAC 7M .0403 - Policy Statements 
Agency Revised Rule 

Commission for Health Services 

15A NCAC ISA .0134 - Definitions 

Agency Revised Rule 
15A NCAC ISA .0168 - Single-Service Containers 

Agency Revised Rule 
15A NCAC ISA .0176 - Pasteurization of Crustacea Meat 

Agency Revised Rule 
15A NCAC ISA .0182 - Bacteriological and Contamination Standards 

Agency Revised Rule 
15A NCAC 18A .0183 - Alternative Labeling 

Agency Revised Rule 
15A NCAC 18A .0185 - Tliermal Processing of Crustacea and Crustacea Meat 

Agency Revised Rule 
15A NCAC ISA .0187 - Interfacility Thermal Processing Procedures 

Agency Revised Rule 
15A NCAC 18A .0301 - Definitions 

Agency Revised Rule 
15A NCAC ISA .0421 - Daily Record 

Agency Revised Rule 
15A NCAC ISA .0614 - Containers 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 



01/16/97 
02/20/97 



12/19/96 
01/16/97 
12/19/96 
01/16/97 
12/19/96 
01/16/97 
12/19/96 
01/16/97 
12/19/96 
01/16/97 
12/19/96 
01/16/97 
12/19/96 
01/16/97 
12/19/96 
01/16/97 
12/19/96 
01/16/97 
12/19/96 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1841 



■jroaini.--jiMrMrj.nwim r-rtmrf^^'tiu^ Mtvujun 



RULES REVIEW COMMISSION 



Agency Revised Rule 
ISA NCAC 18A .0618 - Heat Shock Method of Preparation of Shellfish 

Agency Revised Rule 
ISA NCAC 18A .0621 - Recall Procedure 

Agency Revised Rule 
ISA NCAC 18A .0901 - Definitions 

Agency Revised Rule 
ISA NCAC 18A .1301 - Definitions 

Agency Revised Rule 
ISA NCAC 18A .1319 - Bedroom and Lobby Furnishings 

Agency Revised Rule 

HUMAN RESOURCES 



Obj. Removed 


01/16/97 


RRC Objection 


12/19/96 


Obj. Removed 


01/16/97 


RRC Objection 


12/19/96 


Obj. Removed 


01/16/97 


RRC Objection 


12/19/96 


Obj. Removed 


01/16/97 


RRC Objection 


12/19/96 


Obj. Removed 


01/16/97 


RRC Objection 


12/19/96 


Obj. Removed 


01/16/97 



Facility Services 

10 NCAC 3R .3030 - Facilit}- and Serxice Need Determinations 

Agency Revised Rule 

No Response from Agency 

Agency Revised Ride 
10 NCAC 3R .3033 - Open Heart Surgery Services Need Determinations (Rev. Cat. H) 

10 NCAC 3R .3034 - Heart-Lung Bypass Mch. Need Det./Ne\v Open Heart Sgy. Svcs. 

10 NCAC 3R .303S - Heart-Lung Bypass Mch. Need Det. /Existing Open Heart Sgy. Svcs. 

10 NCAC 3R .3036 - Cardiac Catheterization Eqpt Need Det. /New Providers 

10 NCAC 3R .3037 - Cardiac Catheterization Eqpt Need Det. /Existing Providers 

10 NCAC 3R .3038 - Cardiac Angioplasty Eqpt Need Det./Ne\v Providers 

10 NCAC 3R .3039 - Cardiac Angioplasty Eqpt Need Det. /Existing Providers 



Mental Health: Other Programs 

10 NCAC 18W .0201 - Scope 

Agency Revised Rule 
10 NCAC 18W .0203 - General Provisions 

Agency Revised Rule 
10 NCAC 18W .020S - Emotional, Mental or Neurological Handicap Defined 

Agency Revised Rule 
10 NCAC 18W .0211 - Needs Assessment 

Agency Revised Rule 
10 NCAC 18W .0214 - Area Program Requirements 

Agency Revised Rule 
10 NCAC 18W .021S - Division Requirements 

Agency Revised Rule 
10 NCAC 18W .0218 - Contested Case Hearings 

Agency Revised Rule 

REAL ESTATE COMMISSION 

21 NCAC S8A .0302 - Filing and Fees 

Agency Revised Rule 
21 NCAC S8A .1501 - Licensing and General Brokerage Forms 

Agency Revised Rule 
21 NCAC 58A .1502 - Forms for Education Program 

Agency Revised Rule 



RRC Objection 


10/17/96 


Obj. Cont'd 


11/21/96 


Obj. Cont'd 


12/19/96 


Obj. Cont'd 


02/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


12/19/96 


Obj. Removed 


01/16/97 


RRC Objection 


12/19/96 


Obj. Removed 


01/16/97 


RRC Objection 


12/19/96 


Obj. Removed 


01/16/97 



1842 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



RULES REVIEW COMMISSION 



I REVENUE 

17 NCAC 5C .0102 - Doing Business Defined 
No Response from Agency 
Rule Returned to Agency 



RRC Objection 
Obj. Cont'd 



11/21/96 
12/19/96 
01/16/97 



TRANSPORTATION 



Division of Motor Vehicles 

19A NCAC 3E .0403 - License Period for Trailer Plate 

Agency Revised Rule 
19A NCAC 3 J .0306 - Course of Instruction 
19A NCAC 3J .0307 - Student Requirements 
19 A NCAC 3 J .0308 - Reports to be Submitted 



RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
RRC Objection 



12/19/96 
01/16/97 
02/20/97 
02/20/97 
02/20/97 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1843 



CONTESTED CASE DECISIONS 



Ihis Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores O. Smith 
Thomas R. West 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMEVflSTRATION 

Douglas J. Regisler v. Depariment of Administration 
Purchase and Contracl 



96 DOA 0172 



Reilly 



08/16/96 



Budd Seed, Inc. v. Department of Administration 
ALCOHOLIC BEVERAGE CONTROL COM>nSSION 



96 DOA 0281 



Chess 



09/19/96 



Osama Arafat Sadar v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v, James Eads Sprowles 
Cole Entertainment, Inc. v. Alcoholic Beverage Control Commission 
Fuad Saif Murshed v. Ale. Bev. Ctl. Comm. & Durham Mem Bapl. Ch 
Alcoholic Beverage Control Commission v. Tremik, Inc. 
City of Raleigh v. Alcoholic Beverage Control Commission 

and 
Marshall Stewart, III. Robert David Park, and Park Stewart Inc. 
Alcoholic Beverage Control Commission v Maria Virginia Tramontano 
Alcoholic Beverage Control Commission v Huffman Oil Co , Inc. 
Pinakin P. Talate v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Entrepreneur, Inc. 
Alcoholic Beverage Control Commission v. Zell, Inc 
Alcoholic Beverage Control Commission v Henry Franklin Gurganus 
Andrew Parker v. Alcoholic Beverage Control Commission 
Barraq Sabri Alquza v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm v. Partnership T/A T & L Groceries 
Alcoholic Beverage Control Commission v. Cashion's Food Mart, Inc. 
Alcoholic Beverage Control Commission v E K 's II, Inc Carl E Collins 
Bro Bee, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Donald Ray Doak 
Alcoholic Beverage Control Commission v Janice Lorraine Jeter 
Alcoholic Beverage Control Commission v Well Informed, Inc. 
Alcoholic Beverage Control Commission v Kubbard. Inc. 
Alcoholic Beverage Control Commission v. Stemmermans's, Inc. 



95 ABC 0721 


Gray 


07/09/96 




95 ABC 0883*' 


Gray 


07/10/96 




95 ABC 0917 


West 


08/21/96 


11:12 NCR 1027 


95 ABC 0922 


Chess 


04/24/96 




95 ABC 0925 


Morrison 


03/25/96 




95 ABC 


1143 


Morrison 


11/08/96 


11:17 NCR 1362 


95 ABC 


1200 


West 


04/23/96 




95 ABC 


1251 


West 


04/03/96 


11 03 NCR 166 


95 ABC 


1329 


West 


04/10/96 




95 ABC 


1363 


Reilly 


05/02/96 




95 ABC 


1366 


West 


06/17/96 




95 ABC 


1389 


West 


04/01/96 




95 ABC 


1402 


Phipps 


03/27/96 




95 ABC 


1424 


Phipps 


04/03-96 




95 ABC 


1443 


West 


03/26/96 




95 ABC 


1444 


Gray 


03/ 13 '96 




95 ABC 


1458 


Chess 


08,'12/96 




95 ABC 


1480 


West 


04/15/96 




95 ABC 


1488 


West 


03/29/96 




96 ABC 0013 


Reilly 


04/26/96 




96 ABC 0016 


Chess 


05/28/96 




96 ABC 0017 


Reilly 


05/20/96 




96 ABC 0018 


Chess 


05/28/96 





1844 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



AGENCY 



George Wright and Alice Ramsuer v. Alcoholic Beverage Control Comm 

Alcoholic Beverage Control Commission v. Bayron Green 

Alcoholic Beverage Control Commission v. Circle K Stores, Inc. 

Alcoholic Beverage Control Commission v, Robert Montgomery McKnighi96 ABC 

Alcoholic Beverage Control Commission v, Cadillacs Discotheque, Inc. 

Gerald Audry Sellars v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v, Jacqueline Robin Anthony 

Alcoholic Beverage Control Commission v. Factory Night Club, Inc. 

Alcoholic Beverage Control Commission v. C.N H. Enterprises, Inc. 

Alcoholic Beverage Control Commission v. Millicent J. Green 

Ghassan Hasan Issa v Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Abdelhakeem Muraweh Saleh 

Alcoholic Beverage Control Commission v. Triangle Drive-In 

Alcoholic Beverage Control Commission v. Beroth Oil Company 

Alcoholic Beverage Control Commission v. Beroth Oil Company 

Alcoholic Beverage Control Commission v. Beroth Oil Company 

Alcoholic Beverage Control Commission v. Beroth Oil Company 

Alcoholic Beverage Control Commission v. Giles Rozier 

Alcoholic Beverage Control Commission v. Clifton Franklin Smith 

Alcoholic Beverage Control Comm. v. Crown Central Petroleum Corp. 

Dilthra Smith Patton v. Alcoholic Beverage Control Commission 

Virginia Caporal v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v James Eads Sprowles 

Alcoholic Beverage Control Commission v. Chae Ypo Chong 

Alcoholic Beverage Control Commission v. Albert S. Carter 

Alcoholic Beverage Control Commission v. Taleb Abed Rahman 

Alcoholic Beverage Control Comm. v. Centergrove Entertainment Ent. 

Michael L Harris D/B/A Big House Inc. v. Alcoholic Beverage Control 

Joseph Marcel Etienne v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v Jesse Smith 

Alcoholic Beverage Control Commission v. Winn Dixie Charlotte, Inc 

Alcoholic Beverage Control Commission v Winn Dixie Charlotte, Inc. 

Louis Corpening v Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v, Joyce N. Capra 

HARB Inc. v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Warner Enterprises, Inc 

Alcoholic Beverage Control Commission v James Ramsey. Jr. 

Alcoholic Beverage Control Commission v Russell Bernard Speller 

Alcoholic Beverage Control Comm. v. Ptnrshp ,T/A Blue Front Groc. 

Alcoholic Beverage Control Comm v. Crown Central Petroleum Corp. 

Alcoholic Beverage Control Commission v. Anthony Jerome Foster 

Alcoholic Beverage Control Comm. v. Park Entertainment, Inc. 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


96 ABC 0058 


Becton 


04/16/96 




96 ABC 0097 


Becton 


08/23/96 




96 ABC 0134 


Gray 


11/06/96 




t96 ABC 0135 


Phipps 


05/09/96 




96 ABC 0136 


Phipps 


12/04/96 




96 ABC 0160 


Becton 


06/25/96 


11:08 NCR 564 


96 ABC 0184 


Phipps 


05/09/96 




96 ABC 0226 


Phipps 


08/02/96 




96 ABC 0232 


Becton 


07/09/96 




96 ABC 0234 


Smith 


06/13/96 




96 ABC 0256 


Morrison 


05/23/96 




96 ABC 0381 


Chess 


08/27/96 




96 ABC 0443 


Reilly 


06/11/96 




96 ABC 0447 


Morrison 


08/30/96 


11:13 NCR 1085 


96 ABC 0448 


Morrison 


08/30/96 




96 ABC 0449 


Morrison 


08/30/96 




96 ABC 0450 


Morrison 


08/30/96 




96 ABC 0473 


Morrison 


09/19/96 




96 ABC 0474 


Reilly 


08/12/96 




96 ABC 0482 


Morrison 


10/18/96 




96 ABC 0505 


Morrison 


08/06/96 




96 ABC 0507 


Becton 


10/04/96 




96 ABC 0526*' 


Gray 


07/10/96 




96 ABC 0530 


Morrison 


10/29/96 




96 ABC 0534 


Morrison 


08/05/96 




96 ABC 0551 


West 


11/14/96 




96 ABC 0583 


Reilly 


08/12/96 




96 ABC 0680 


Phipps 


02/12/97 




96 ABC 0718 


Phipps 


10/17/96 




96 ABC 0804 


Gray 


11/19/96 




96 ABC 0858 


Morrison 


11/21/96 




96 ABC 0859 


Morrison 


11/21/96 




96 ABC 0985 


Gray 


09/26/96 




96 ABC 1060 


Reilly 


11/15/96 




96 ABC 1124 


Phipps 


10/23/96 




96 ABC 1315 


Gray 


01/30/97 


11:23 NCR 1801 


96 ABC 1317 


Gray 


02/03/97 




96 ABC 1394 


Smith 


12/20/96 




96 ABC 1469 


Smith 


12/09/96 




96 ABC 1584 


Gray 


02/12/97 




96 ABC 1587 


Reilly 


01/29/97 




96 ABC 1928 


Smith 


02/06/97 





COMMISSION FOR AUCTIONEERS 



John W Foster v. Auctioneer Licensing Board 
Barry G. York v. Auctioneer Licensing Board 



96 CFA 0201 
96 CFA 0297 



Phipps 
Smith 



05/06/96 
10/18/96 



DEPARTMENT OF CORRECTION 



James J. Lewis v. Department of Correction 
CRIME CONTROL AND PUBLIC SAFETY 



96 DOC 0772 



West 



09/05/96 



Roland Lee Kelly, Jr. v. United Family Services, Victim Assistance/Crime 95 

Victims Compensation Comm 
Robert F. Bronsdon v. Crime Victims Compensation Commission 
Helen B. Hunter-Reid v. Crime Victims Compensation Commission 
Deborah C Passarelli v. Crime Victims Compensation Commission 
Kenneth Saunders v. Victims Compensation Commission 
Franklin McCoy Jones v. Crime Victims Compensation Commission 
Ruby H. Ford v. Crime Victims Compensation Commission 
Manuel Cervantes v. Victims Compensation Fund 
Sheila Carol Blake v. Victims Compensation Commission 
James T. Mungo v. Victims Compensation Commission 
Jerome Crutchfield v. CPS, Victims Compensation Commission 
William Theodore Frazier v. Crime Victims Compensation Commission 
Emma Coble v Crime Victims Compensation Commission 



95 CPS 0568 


Morrison 


05/29/96 






95 CPS 1216 


Chess 


05/28/96 






95 CPS 1336 


Smith 


03/29/96 


11:02 NCR 


93 


95 CPS 1399 


Reilly 


07/18/96 


11:09 NCR 


814 


95 CPS 1445 


Chess 


03/26/96 






96 CPS 0056 


Smith 


07/03/96 






96 CPS 0110 


Reilly 


04/18/96 






96 CPS 01 18 


Chess 


03/19/96 






96 CPS 0280 


West 


07/10/96 






96 CPS 0333 


Reilly 


07/09/96 






96 CPS 0340 


Phipps 


09/05/96 






96 CPS 0435 


Chess 


08/22/96 






96 CPS 0468 


Chess 


09/25/96 







11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1845 



CONTESTED CASE DECISIONS 



AGENCY 



Danna Williams v. Crime Victims Compensation Commission 

Daisy Reid v. Crime Victims Compensation Commission 

Earhe McLaurin. Jr. Delano McLaurin. Sr v. Crime Victims Comp Comm96 

Anthony P Dawkins v Crime Victims Compensation Commission 

Judy Worley Milam v. Crime Victims Compensation Commission 

James A Cherry v Crime Control & Public Safety 

Shirley M King v. Crime Victims Compensation 

Mark Matthews for Child Victim v Crime Victims Compensation Comm. 

Clara Durham v Victims Compensation 

George Battle, Jr v Crime Control & Public Safety 

Shawn P Saddler v Victims Compensation Commission 

David Carl Anderson v. Crime Victims Compensation Commission 

Douglas Alan West v Crime Victims Compensation Commission 

EN\1R0N1\IENT, HEALTH, AND NATXTIAL RESOL-RCES 



CASE 




DATE OF 


NLIMBER 


ALT 


DECISION 


96 CPS 0493 


Morrison 


06/13/96 


95 CPS 0499 


West 


11/18/96 


96 CPS 0639 


West 


01/21/97 


96 CPS 0716 


Reilly 


08/16/96 


96 CPS 0717 


Gray 


11/21/96 


96 CPS 0793 


Phipps 


01/17/97 


96 CPS 0802 


West 


08/08/96 


96 CPS 0832 


Becion 


08/20/96 


96 CPS 0906 


Phipps 


09/23/96 


96 CPS 1006 


Phipps 


01/17/97 


96 CPS 1109 


Morrison 


01/02 '97 


96 CPS 1409 


Smith 


11/25/96 


96 CPS 1888 


West 


01/03/97 



PUBLISHED DECISION 
REGISTER aTATION 



Gribble & Assoc & Four Seasons Car Wash v EHNR 

Webster Environmental Inc v. EHNR, Asbestos Hazard Mgmt Branch 

Wilton Evans v Environment, Health. & Natural Resources 

David Martin Shelton v. Rockingham County DepiPublic Health. EHNR 

Kinston Urological Associates. PA. v. N.C. Cancer Program 

Kinsion Urological Associates. PA. v. N.C. Cancer Program 

Elsie &. Tony Cecchini v Environment. Health. & Natural Resources 

United Organics Corporation v Environment. Health. & Natural Res. 

Gerald Mac Clamrock v Environment. Health. & Natural Resources 

Phillip T Goetz v. Carteret County Health Center 

John Milazzo v Environment. Health. & Natural Resources 

Wayne Marshall. Pres- Metro Area Dev . Inc, v. EHNR 

David J Mohn v. Environment. Health. & Natural Resources 

Robert D Smith v, Brunswick County Health Dept . Bolivia. NC 

Elizabeth Shepard Covin v. Environment. Health. & Natural Resources 

The Papco Group. Inc v Forsyth County Environmental Affairs Dept 

Reuben Massey v. Environment. Health, and Natural Resources 

Joseph London v Environment. Health, and Natural Resources 



95 EHR 0576 


Gray 


04/25/96 




95 EHR 0647 


Becton 


01/24/97 




95 EHR 0843 


Reilly 


07/17/96 




95 EHR 0941 


West 


05/01/96 




95 EHR 1198*= 


Smith 


03/27/96 


1 1 02 NCR 97 


95 EHR 1199*= 


Smith 


03/27/96 


1 1 02 NCR 97 


95 EHR 1240 


Reilly 


04/22/96 




96 EHR 0064 


Smith 


07/01/96 




96 EHR 0168 


Phipps 


05 06/96 




96 EHR 0596 


Smith 


01/23'97 




96 EHR 0644 


Reilly 


08/13.96 




96 EHR 0826 


West 


10/01/96 




96 EHR 0947 


Smith 


10/04/96 




96 EHR 1057 


Chess 


02/04,97 




96 EHR 1258 


Becton 


01/14/97 




96 EHR 1293 


Chess 


02/17/97 




96 EHR 1301 


Reilly 


12/18/96 




96 EHR 1397 


Reilly 


12/10/96 





Coastal Resources 



Martin W. Synger v Division of Coastal Management 95 EHR 1006 

J. E. Smith Construction Co. v. Division of Coastal Management 96 EHR 0074 

Theodore D Barris v Town of Long Beach. NC & Coastal Mgmt. EHNR 96 EHR 0277 



Chess 


05/13.'96 


Smith 


02/23/96 


West 


05/09/96 



Emironmenlal Health 



Forest Gate Motel v Environment. Health, and Natural Resources 96 EHR 0076 

Paradise Ridge Home Owners by Anne Norburn v EHNR. Env Health 96 EHR 0162 
Zack DiakoEiannis v EH.NR. Division of Environmental Health 96 EHR 0768 



West 


06/17/96 


Phipps 


05,06,96 


Gray 


01/08/97 



En\ironmenlal Management 

Frank A, Corriher &. Sons Well Drilling. Inc v Env Mgmt . EHNR 
North Buncombe .Assoc of Concerned Citizens v Env Mgmt EH.NR 
Ford Motor Company v EHNR. Division of Environmental Management 
Herman E, Smith v Division of Environmental Management 
Lake Summit Property Owners Assoc, v. EHNR. Environmental Mgmt, 
Conover Lumber Co.. Inc. v. EHNR. Division of Environmental Mgmt 
City of Reidsville, a Municipal Corp, v, EHNR, Environmental Mgmt 
Jack West d/b,'a Jack West Tree Service v. Environmental Mgmt. Comm. 
The Smiihfield Packing Co , Inc . v. EHNR. Environmental Mgmt. 
and 
Citizens for Clean Industry. Inc. and Bladen Environment 
Commscope. Inc. v, EHNR. Division of Environmental .Management 
Stephen L. Reedy v. EHNR. Division of Environmental Management 
Rayco Utilities. Inc. v, EHNR. Division of Environmental Management 
Clover M Farms. Inc. v, EH.NR, Division of Environmental Management 96 
Providence Glen Associates v. Environmental Management. EHNR 
Overcash Gravel & Grading Co.. Inc. v. Division of EnMronmental Mgmt 96 



95 EHR 0048 


Phipps 


09/20/96 


11:14 NCR 1191 


95 EHR 0108 


Chess 


02/03/97 


11:24 NCR 1866 


95 EHR 0588 


Smith 


12,'20'96 




95 EHR 0962 


West 


04/30/96 




95 EHR 1022 


Reilly 


12,30/96 




95 EHR 1081 


Reillv 


04/12,'96 




95 EHR 1335 


Grav 


10/01 96 


11:15 NCR 1249 


95 EHR 1421 


Morrison 


04/08 96 




95 EHR 1474 


West 


07,03 96 




96 EHR 0078 


Grav 


12'23/96 




96 EHR 0181 


Grav 


12/16.96 




96 EHR 0367 


Becton 


10 04 96 




96 EHR 0405 


Becton 


06/10 96 




96 EHR 0648 


Becton 


08/12/96 




96 EHR 0990 


West 


10/29/96 





iMud Resources 



1846 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



K&G Properties, Inc. v. EHNR, Division of Land Resources 
Marine Fisheries 



95 EHR 1078 Smith 



Robert I. Swinson, Sr. v. EHNR. Health & Nat. Res.. Marine Fisheries 95 EHR 0320 

Grayden L. Fulcher and Michael Styron. Sr. v. Div. of Marine Fisheries 96 EHR 0003 

Johnny R. Stotesberry v. Marine Fisheries Commission 96 EHR 0072 

Julian G. Gilgo v. Environment, Health, and Natural Resources 96 EHR 0692 



03/25/96 



Chess 


03/29/96 


11:03 NCR 168 


Reilly 


03/06/96 




Gray 


08/19/96 


11:11 NCR 955 


West 


12/06/96 


11:19 NCR 1530 



Radiation Protection 

Marsha L. Powell v. EHNR, Division of Radiation Protection 
Nancy S. Webb v. EHNR. Division of Radiation Protection 
Olivia Joyce Foushee v. EHNR, Division of Radiation Protection 

Waste Management 

R. Donald Phillips v. EHNR, Solid Waste Management Division 
R. Donald Phillips v. EHNR. Solid Waste Management Division 
GRACE and Margaret L. Caudle-Beck v. EHNR, Solid Waste Mgmt 
GRACE and Margaret L. Caudle-Beck v, EHNR. Solid Waste Mgmt 

Water Quality 

Ben Moses v. EHNR. Division of Water Quality 
WIC Program 



96 EHR 1116 


Smith 


10/10/96 


96 EHR 1131 


Gray 


10/23/96 


96 EHR 1221 


Chess 


01/31/97 



95 EHR 1190*-' Gray 

96 EHR 0554*' Gray 
96 EHR 1125 Phipps 
96 EHR 1125 Phipps 



96 EHR 1085 



Lazelle Marks v. EHNR. Division of Maternal and Child Health 95 EHR 0870 

Hani Sader v. Nutrition Services. Div/Maternal & Child Health. EHNR 96 EHR 0054 

Bob's Quick Mart. Bobby D Braswell v. Env.. Health. & Natural Res. 96 EHR 0091 

Larry E. Mis v USDA-Food/Cons Svc. Cory Menees-WlC Prog.. EHNR 96 EHR 0164 

Naser H Hammad v Dept. of Environment, Health. & Natural Resources 96 EHR 0632 

Jamil M. Saleh v. Dept. of Environment. Health, & Natural Resources 96 EHR 0634 

Khaled M. Alzer v. Dept. of Environment, Health, & Natural Resources 96 EHR 0721 



EQUAL ENffLOYMENT OPPORTUNITIES 

Marsha Dianne McKoy v DHR, DMH/DD/SAS. Caswell Center 
Carl D. Davis v. Department of Correction 

HUMAN RESOURCES 



90 EEC 0379 

91 EEC 1101 



Phipps 



Chess 
Smith 



05/22/96 
05/22/96 
12/06/96 
02/18/97 



01/21/97 



West 


03/27/96 


West 


05/22/96 


Smith 


04/02/96 


Phipps 


03/19/96 


Reilly 


07/09/96 


Phipps 


09/04/96 


Reilly 


07/30/96 



10/08/96 
05/06/96 



Cassandra M. Deshazo v. Christine E. Carroll. Chf Chid Abuse/Neg. Sec 95 DHR 1410 
Medicus Robinson v. Department of Human Resources 96 DHR 0167 

Linda Gabriel Wallace v. Charlotte Health Care Center 96 DHR 1544 



Phipps 


03/28/96 


Smith 


04/12/96 


Phipps 


01/23/97 



Division of Child Development 

Molly Fallin v Department of Human Resources 
Molly Fallin v. Department of Human Resources 
Mary T. Hill v. DHR, Division of Child Development 
lola Roberson v. DHR. Division of Child Development 
Zannie M. Allen v. DHR, Division of Child Development 
Mt. Pleasant Church v DHR. Division of Child Development 
Yvette Nivens v. DHR, Division of Child Development 
Sarah M. Carr, CSWM v. DHR, Division of Child Development 

Division of Facility Services 

Eloise Brown v. Dept. of Human Resources, Division of Facility Services 
Harry Martin Bastian v. DHR, Division of Facility Services 
Kelly Thomas v. DHR, Division of Facility Services 
Community Care #2 v. DHR. Division of Facility Services 
Community Care #4 v, DHR. Division of Facility Services 
Billie Mitchell v. Department of Human Resources (DFS) 
Jo Ann Boyd Capps v. DHR. Division of Facility Services 
Peggy Murray v. DHR. Division of Facility Services 



94 DHR 0872»' 


Gray 


05/15/96 


95 DHR 1013*' 


Gray 


05/15/96 


95 DHR 1192 


Phipps 


03/27/96 


95 DHR 1244 


Gray 


05/16/96 


96 DHR 0304 


Gray 


08/15/96 


96 DHR 0720 


Gray 


11/19/96 


96 DHR 1161 


Morrison 


11/19/96 


96 DHR 2089 


Smith 


02/11/97 



95 DHR 1002 


Phipps 


03/07/96 




96 DHR 0287 


West 


08/21/96 




96 DHR 0670 


Becton 


01/29/97 


11:23 NCR 1803 


96 DHR 0934 


Becton 


10/16/96 




96 DHR 0935 


Becton 


10/16/96 




96 DHR 0975 


Phipps 


01/02/97 




96 DHR 1115 


Gray 


12/12/96 




96 DHR 1531 


Smith 


01/31/97 





11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1847 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Richard Joseph Bisciaio v. DHR. (Nurse Aide Registry) Div/Faciliiy Svcs 96 DHR 1971 West 
Gloria J Butler V DHR, Division of Facility Services 96 DHR 2113 West 



02/24/97 
01/31/97 



Certificate of Need Section 

Nash Hospitals. Inc v DHR, DIv/Facility Services, Cert, of Need Sect. 95 DHR 1176* 

Pitt Cty Mem Hospital. Inc v DHR. Div/Faciliiy Svcs. Cert/Need Sect. 95 DHR 1177* 

Tar Heel Home Health. Inc v DHR. Div/Facility Svcs. Cert/Need Sect. 96 DHR 0513 



Phipps 


05/23/96 


1 1 :06 NCR 389 


Phipps 


05/23/96 


1 1 ;06 NCR 389 


Morrison 


01/22/97 


11:22 NCR 1761 



Group Care Licensure Section 

Alex L, McCall v, DHR, Div/Facillty Svcs, Group Care Licensure Sec 
DHR. Facility Services, Group Care Licensure Sect. v. Petrova Evans 
Leola Barnes, Shaw Family Care v DHR, Fac. Svcs, Group Care Lie, 
Gracelane Rest Home v Group Care Lie. Section, DIv of Soc. Svcs 



95 DHR 1456 


Smith 


03/26/96 


96 DHR 0544 


Phipps 


08/21/96 


96 DHR 0626 


West 


10/01/96 


96 DHR 0944 


Becton 


10/16/96 



Medical Facilities Licensure Section 

Deborah Reddick v Depariment of Human Resources 96 DHR 0240 Reilly 06/18/96 

Stacey Yvette Franklin v Facility Services, Medical Facilities Lie. Sec, 96 DHR 0358 Morrison 05/16/96 



Division of Medical Assistance 

Judy Malcuil. Re Melissa Malcuit v. DHR, Div of Medical Assistance 96 DHR 0129 
Durham Reg Hspil, Behavioral HIth Svcs v Medical Assistance, DHR 96 DHR 0637 
Jerry Heath v DHR, Division of Medical Assistance 96 DHR 0752 

Division of Social Ser\ices 

Crystean Fields v Department of Human Resources 

Rozena Chambliss v. Department of Human Resources 

Addie & Major Short v, Depariment of Human Resources 

Mr. and Mrs. Jessie Stevenson v. DHR, Division of Social Services 

William G. Fisher v DHR, Div of Social Services, Prog Integrity Branch95 

Verna F. Nunn v. Department of Human Resources 

Nancy Hooker, Helen Tyndall v Department of Human Resources 

Monica Ferrari and Justin Ferrari v Pender County DSS 

Monica Ferrari and Justin Ferrari v. New Hanover County DSS 



Gray 


06/12/96 


West 


09/20/96 


Chess 


10/07/96 



95 DHR 1001 


Gray 


07/05/96 


95 DHR 1044 


Smith 


03/12/96 


95 DHR 1063 


Morrison 


03/19.'96 


95 DHR 1072 


Phipps 


03/15/96 


95 DHR 1234 


Morrison 


03/19/96 


95 DHR 1330 


Gray 


04/11/96 


96 DHR 0155 


Gray 


04/26/96 


96 DHR 1425 


Morrison 


12/13/96 


96 DHR 1471 


Morrison 


12/13/96 



Child Support Enforcement Section 

Donald E, Rideout Jr v Department of Human Resources 
Christopher F Roakes v Department of Human Resources 
Claude Eure Jr. v Department of Human Resources 
Richard R. Fox. Sr v Depariment of Human Resources 
Joselito D Pilar V Department of Human Resources 
David Lee Grady v Department of Human Resources 
Patrick Orlando Crump v Department of Human Resources 
Peter Robert Kovolsky v Department of Human Resources 
Tony Lee Zapata v. Department of Human Resources 
Lawrence Dow Dean v Department of Human Resources 
Carl E Coffey v Depariment of Human Resources 
Keith Dewayne Senters v Department of Human Resources 
Lonnie Dawes v Department of Human Resources 
Mickey Turner v Depariment of Human Resources 
James Joseph Gallagher v Depariment of Human Resources 
James Thomas McRae v. Department of Human Resources 
Vincent E. Koehler v. Department of Human Resources 
David J. Moseley v. Department of Human Resources 
Derrick L. Conyers v, Depariment of Human Resources 
Charles Edward Smith v. Department of Human Resources 
Kevin Vereen v. Department of Human Resources 
James Curtis Wiiwer v Department of Human Resources 
Thornell Bowden v. Department of Human Resources 
Herbert W Donahue Jr. v. Department of Human Resources 
Henry S, Sada v Department of Human Resources 
Charles F Moore v Depariment of Human Resources 
Daniel Leslie Baker v. Department of Human Resources 



95 CSE 0952 


Reilly 


04/18/96 


95 CSE 


1131 


Becton 


05/03/96 


95 CSE 


1155 


Phipps 


06/12/96 


95 CSE 


1169 


Becton 


03/19/96 


95 CSE 


1180 


Chess 


03/01/96 


95 CSE 


1218 


Morrison 


03/26/96 


95 CSE 


1221 


Smith 


03.'05/96 


95 CSE 


1230 


Becton 


03/11/96 


95 CSE 


1266 


Gray 


05/02/96 


95 CSE 


1267 


.Morrison 


03'29/96 


95 CSE 


1270 


Smith 


03/15/96 


95 CSE 


1273 


Phipps 


04,'01/96 


95 CSE 


1274 


Smith 


06 12/96 


95 CSE 


1278 


Smith 


03/14/96 


95 CSE 


1280 


Chess 


03/19/96 


95 CSE 


1296 


Chess 


03/15/96 


95 CSE 


1301 


Phipps 


05/09/96 


95 CSE 


1304 


Chess 


03/29/96 


95 CSE 


1308 


Reilly 


03/13/96 


95 CSE 


1309 


West 


03/07/96 


95 CSE 


1315 


Phipps 


05/06/96 


95 CSE 


1331 


Becton 


03/26/96 


95 CSE 


1345 


Morrison 


03/07/96 


95 CSE 


1346 


Reilly 


11/15/96 


95 CSE 


1367 


Smith 


03/21/96 


95 CSE 


1369 


Chess 


03/27/96 


95 CSE 


1373 


Morrison 


03/12/96 



1848 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



AGENCY 



Kenneth L. Lindsey v. Deparcment of Human Resources 
John L. Pike v. Department of Human Resources 
Wm. R, Evans v, Depanmeni of Human Resources 
Rory J Curry v. Department of Human Resources 
Lorin A- Brown v. Department of Human Resources 
Marcus Anthony Butts v. Department of Human Resources 
Cynthia Pinder v. Department of Human Resources 
Rhonnie J. Williams v. Department of Human Resources 
Ramon Domenech v. Department of Human Resources 
Lennard J. Watson v. Department of Human Resources 
Timothy R- Brewer. Sr. v. Department of Human Resources 
Dennis L- McNeill v. Department of Human Resources 
Tony A. Rogers v. Department of Human Resources 
Rick E. Atkins v. Department of Human Resources 
Timothy A. Ratley (Jeanes) v. Department of Human Resources 
Richard E. Reader v. Department of Human Resources 
Wendel McDonald v. Department of Human Resources 
Wilbur Dewayne Bault v. Department of Human Resources 
Reginald B. Bratton Sr. v. Department of Human Resources 
James C. Smith v. Department of Human Resources 
Ronald D. Johnson v. Department of Human Resources 
Johnny Leary v. Department of Human Resources 
Jimmy Strickland v. Department of Human Resources 
John W Scott V. Department of Human Resources 
Calvin S. Austin v. Department of Human Resources 
Derek Henslee v. Department of Human Resources 
Donald L. Carr. Jr. v. Department of Human Resources 
Norman Waycaster v Department of Human Resources 
Andre Duncan v Department of Human Resources 
Lorenzo Wilson v. Department of Human Resources 
Mark Kevin Burns v. Department of Human Resources 
Cyril Lloyd Payne v. Department of Human Resources 
Charles H. Johnson v. Department of Human Resources 
Willie James Myers v. Department of Human Resources 
Christopher F. Byrne v. Department of Human Resources 
Richard Painall Burch v. Department of Human Resources 
Charles Gillispie v Department of Human Resources 
Teresa Reynolds v. Department of Human Resources 
Thornell Bowden v. Department of Human Resources 
Kenneth Edward Burns v Department of Human Resources 
Carl R. Ritter v. Department of Human Resources 
William Charles Rone v. Department of Human Resources 
Leon Gibson v. Department of Human Resources 
Dioni Delvalle, II v. Department of Human Resources 
Gerald Roger Beachum Jr. v. Department of Human Resources 
Anderson I. Wardlow v. Department of Human Resources 
Daniel J. Carter v. Department of Human Resources 
Kelvin Tarlton v. Department of Human Resources 
Steven Craig Mooney v. Department of Human Resources 
John L. Cherry Jr. v. Department of Human Resources 
Arthur Jemerson v. Department of Human Resources 
Michael S. Covington v. Department of Human Resources 
Gary Steele v. Department of Human Resources 
Terry Sealey v. Department of Human Resources 
Jackie L. Kopczick v. Department of Human Resources 
Virginia McDowell Ramsey v. Department of Human Resources 
D- Wayne Gray v. Department of Human Resources 
Claude R Anderson v Department of Human Resources 
Alan Kendell Locklear v. Department of Human Resources 
Willie J. Parker v. Department of Human Resources 
Douglas F. McBryde v. Department of Human Resources 
Thomas White v Department of Human Resources 
James Trevor Emerson v. Department of Human Resources 
Ray Davis Hood v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
John William WTiite v. Department of Human Resources 
Hazel L. Walker v. Department of Human Resources 
Tayloria Y, Manns v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


95 CSE 1375 


West 


06/24/96 


95 CSE 1376 


Smith 


03/21/96 


95 CSE 1377 


Becton 


03/11/96 


95 CSE 1380 


Mann 


03/15/96 


95 CSE 1382 


Reilly 


04/18/96 


95 CSE 1405 


Smith 


03/27/96 


95 CSE 1406 


Becton 


03/11/96 


95 CSE 1407 


Chess 


05/06/96 


95 CSE 1408 


Phipps 


03/11/96 


95 CSE 1414 


Mann 


08/23/96 


95 CSE 1433 


West 


12/10/96 


95 CSE 1435 


Becton 


03/13/96 


95 CSE 1436 


Chess 


05/16/96 


95 CSE 1437 


Phipps 


04/01/96 


95 CSE 1465 


Morrison 


03/26/96 


95 CSE 1469 


Smith 


04/29/96 


95 CSE 1470 


Becton 


07/29/96 


95 CSE 1475 


West 


03/13/96 


96 CSE 0002 


Mann 


08/23/96 


96 CSH 0034 


Gray 


05/10/96 


96 CSE 0084 


Smith 


03/27/96 


96 CSE 0085 


Becton 


05/03/96 


96 CSE 01 19 


Chess 


07/08/96 


96 CSE 0130 


Mann 


03/15/96 


96 CSE 0140 


Phipps 


05/17/96 


96 CSE 0188 


Reilly 


05/17/96 


96 CSE 0200 


West 


05/30/96 


96 CSE 0245 


Becton 


05/16/96 


96 CSE 0249 


Chess 


09/25/96 


96 CSE 0257 


Phipps 


05/06/96 


96 CSE 0271 


Morrison 


06/24/96 


96 CSE 0272 


Reilly 


05/31/96 


96 CSE 0295 


West 


07/15/96 


96 CSE 0299 


Becton 


07/19/96 


96 CSE 0336 


Chess 


06/26/96 


96 CSE 0339 


Phipps 


06/27/96 


96 CSE 0365 


Mann 


07/23/96 


96 CSE 0369 


Gray 


07/23/96 


96 CSE 0370 


Morrison 


05/17/96 


96 CSE 0379 


Reilly 


07/18/96 


96 CSE 0380 


West 


05/08/96 


96 CSE 0388 


Smith 


08/01/96 


96 CSE 0389 


Becton 


07/02/96 


96 CSE 0407 


Chess 


07/17/96 


96 CSE 0411 


Phipps 


06/24/96 


96 CSE 0412 


Mann 


08/05/96 


96 CSE 0417 


Gray 


06/24/96 


96 CSE 0424 


Morrison 


05/29/96 


96 CSE 0425 


Reilly 


07/08/96 


96 CSE 0426 


West 


06/24/96 


96 CSE 0427 


Smith 


08/01/96 


96 CSE 0428 


Becton 


08/02/96 


96 CSE 0429 


Chess 


08/26/96 


96 CSE 0430 


Phipps 


05/29/96 


96 CSE 0431 


Mann 


06/05/96 


96 CSE 0464 


Gray 


08/02/96 


96 CSE 0465 


Morrison 


08/02/96 


96 CSE 0502 


Reilly 


07/22/96 


96 CSE 0503 


West 


05/30/96 


96 CSE 0517 


Smith 


02/21/97 


96 CSE 0518 


Becton 


08/19/96 


96 CSE 0519 


Chess 


08/29/96 


96 CSE 0545 


Phipps 


07/25/96 


96 CSE 0547 


Mann 


09/12/96 


96 CSE 0557 


Morrison 


08/08/96 


96 CSE 0558 


Reilly 


08/14/96 


96 CSE 0559 


West 


06/24/96 


96 CSE 0564 


Smith 


08/15/96 



PUBLISHED DECISION 
REGISTER CITATION 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1849 



CONTESTED CASE DECISIONS 



AGENCY 



Carl S McNair v Deparimeni of Human Resources 

David Agurs v Depariment of Human Resources 

Kmg Sanders Jr v Departmeni of Human Resources 

Sandra Kay Carpenier v. Departmeni of Human Resources 

Christopher Clyde Barrino Jr v Department of Human Resources 

Clinton Sutton v Department of Human Resources 

Dave L James v Department of Human Resources 

Jonathan Bernard Copper v Department of Human Resources 

Stanley Lewis Turner v Department of Human Resources 

Lisa Privette v Department of Human Resources 

Franklin D. Deese v. Department of Human Resources 

Jan Smith Osborne v. Department of Human Resources 

Mark Allen Rose Sr. v. Department of Human Resources 

Mark P. Crosby v. Deparimeni of Human Resources 

Bernard D Brothers v, Depariment of Human Resources 

Renee G Arriola v Depariment of Human Resources 

Isaac Massey Jr v Department of Human Resources 

Darryl Leon While v Department of Human Resources 

Philip Purnell v Department of Human Resources 

Edvun Southards v Department of Human Resources 

Mary Vanover v Department of Human Resources 

Cabot S. Pollard v Department of Human Resources 

Johnnie B Walion v Depariment of Human Resources 

Timothy P Ruth v Deparimeni of Human Resources 

Thomas Lee Glenn v Department of Human Resources 

William S Freeman v Department of Human Resources 

James Benson v Cumberland Child Support Enforcement 

Randy Dale Finnicum v Departmeni of Human Resources 

William A Cotton v Deparimeni of Human Resources 

Winston B Scott v Department of Human Resources 

Michael R Bryant v Deparimeni of Human Resources 

Dallas F Butler v Deparimeni of Human Resources 

Robert James Moore Junior v Department of Human Resources 

Washington J- James, HI v Departmeni of Human Resources 

Leslie E Little v. Department of Human Resources 

David W. Thompson v. Deparimeni of Human Resources 

Jimmie Lee Jones v Deparimeni of Human Resources 

Michael Siurdivant v Department of Human Resources 

Tommy R. Thompson v Department of Human Resources 

Julian L- Barren v Department of Human Resources 

Richard A Ration Jr v. Department of Human Resources 

Kenneth R Blount v Department of Human Resources 

Anthony Bernard Crawford v. Deparimeni of Human Resources 

Russell Pearson v Departmeni of Human Resources 

Harry J. Cook v Deparimeni of Human Resources 

Donald (Glendoni Ryan v. Depariment of Human Resources 

Joseph Davis v Depariment of Human Resources 

Jethero Davidson Jr. v. Departmeni of Human Resources 

Garry G. Hickman v Deparimme of Human Resoruces 

Jeffrey Len Ezzell v Deparimeni of Human Resources 

Tessa Jones v Deparimeni of Human Resources 

Wilberi J Boykin v. Deparimeni of Human Resources 

Wayne R- Frazier v Department of Human Resources 

Raymond G, Molina v. Department of Human Resources 

Robert R Pray v Department of Human Resources 

Marion A. Ward v Department of Human Resources 

Lee G Sanders Jr v Departmeni of Human Resources 

Robin G Staien v Departmeni of Human Resources 

Edward F- Murphy v Departmeni of Human Resources 

Ken Lail v Depariment of Human Resources 

Robert A- Green v Department of Human Resources 

Michael Roddy v Department of Human Resources 

Charlie Thomas Smith v. Department of Human Resources 

Clarence Stevenson, Jr. v. Departmeni of Human Resourcs 

Federico R, Alire v Departmeni of Human Resources 

Waller Love v. Department of Human Resourcees 

William D, Wall v. Child Support Enforcement 

S alvatore Mitchell Dichiera v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96 CSE 0568 


Becton 


06/24/96 


96 CSE 0580 


Chess 


06/13/96 


96 CSE 0581 


Phipps 


08/22/96 


96 CSE 0595 


Gray 


08/29/96 


96 CSE 0603 


Morrison 


08/26/96 


96 CSE 0629 


Reilly 


08/29/96 


96 CSE 0638 


West 


07/15/96 


96 CSE 0642 


Phipps 


09/03/96 


96 CSE 0650 


Smith 


02/05/97 


96 CSE 0651 


Becton 


09/30/96 


96 CSE 0690 


Mann 


07/23/96 


96 CSE 0703 


Gray 


10/04/96 


96 CSE 0732 


Morrison 


09/30/96 


96 CSE 0733 


Reilly 


09/30/96 


96 CSE 0774 


Smith 


11/13/96 


96 CSE 0790 


Becton 


08/14/96 


96 CSE 0844 


Phipps 


10/25/96 


96 CSE 0845 


Mann 


10/29/96 


96 CSE 0878 


Phipps 


10/25/96 


96 CSE 0968 


Gray 


10/25/96 


96 CSE 0981 


Morrison 


10/24/96 


96 CSE 


1012 


Reilly 


10/28/96 


96 CSE 


1071 


Smith 


11/14/96 


96 CSE 


1086 


Becton 


10/30/96 


96 CSE 


1170 


Reilly 


12/10/96 


96 CSE 


1184 


Smith 


01/10/97 


96 CSE 


1187 


Phipps 


02/06/97 


96 CSE 


1191 


Gray 


12/12/96 


96 CSE 


1212 


Morrison 


01/10/97 


96 CSE 


1223 


West 


02/10/97 


96 CSE 


1253 


Phipps 


01/14/97 


96 CSE 


1261 


Phipps 


02/06/97 


96 CSE 


1264 


Mann 


02/10/97 


96 CSE 


1276 


Chess 


11/04/96 


96 CSE 


1282 


Smith 


01/10/97 


96 CSE 


1298 


Phipps 


02/06/97 


96 CSE 


1300 


Gray 


02/07/97 


96 CSE 


1304 


Reilly 


02/06/97 


96 CSE 


1328 


Mann 


12/10/96 


96 CSE 


1330 


Morrison 


02/06/97 


96 CSE 


m\*'' 


Reilly 


02/06/97 


96 CSE 


1332 


West 


01/30/97 


96 CSE 


1333 


Smith 


11/14/96 


96 CSE 


1334 


Becton 


02/06/97 


96 CSE 


1339 


Gray 


12/12/96 


96 CSE 


1344 


Becton 


01/31/97 


96 CSE 


1346 


Gray 


02/18/97 


96 CSE 


1347 


Morrison 


11/14/96 


96 CSE 


1349»'~ 


West 


02/10/97 


96 CSE 


1370*" 


Phipps 


02/06/97 


96 CSE 


1371*'" 


Mann 


02/10/97 


96 CSE 


1375 


Morrison 


12/10/96 


96 CSE 


1377 


West 


02/10/97 


96 CSE 


1378 


Gray 


12/12/96 


96 CSE 


1379 


Morrison 


01/09/97 


96 CSE 


1380 


Reilly 


11/15/96 


96 CSE 


1400 


Smith 


02/10/97 


96 CSE 


1402 


Gray 


12/12/96 


96 CSE 


1412 


Smith 


12/12/96 


96 CSE 


1432 


Becton 


02/17/97 


96 CSE 1437*'= 


Gray 


12/12/96 


96 CSE 


1441*=° 


Smith 


02/17/97 


96 CSE 


1445 


Phipps 


12/12/96 


96 CSE 


1457 


Morrison 


02/18/97 


96 CSE 


1461 


Becton 


02/17/97 


96 CSE 


1464*=' 


Gray 


02/18/97 


96 CSE 


1472*" 


Morrison 


02/18/97 


96 CSE 


1474 


Smuh 


01/30/97 



PUBLISHED DECISION 
REGISTER CITATION 



1850 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



AGENCY 



Billy C. Cummings v. Department of Human Resources 

Randy Earl Richardson v. Northampton County Depi. of Social Services 

Mr. Rickey K Terry v. Child Support Enforcement Agency 

James McCollough v Department of Human Resources 

Joseph T. Maddox v. Department of Human Resources 

Mike Oser v. Department of Human Resources 

Raleigh W Nickerson v. Guilford County Child Support Enforcement 

Gerald L. Pendergrass v Department of Human Resources 

Dennis R. Kozee v. Department of Human Resources 

Mark Owens Frink v. Department of Human Resources 

Kelvine Lance Thompson v Department of Human Resources 

Robert Venice Flagg, Jr v. Department of Human Resources 

Larry D. Worthy v. Forsyth County Child Support 

Darryl Wiley v. Child Support Enforcement 

Christopher A. Abney v Department of Human Resources 

Marcus Watkins v, Stanly Cty Department of Social Services 

Mark PuUiam v. Department of Human Resources 

James A. Fultz v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

E. Burt Davis. Jr. v. Department of Human Resources 

Mari L. Ross v. Department of Human Resources 

Reginald A. Barnes v. Department of Human Resources 

Boyce P. Banks v. Guildford County Child Support Enforcent Agency 

Mark A. Blackburn v. Department of Human Resources 

Spencer B. Miller v. Department of Human Resources 

Craig C. Coleman, Sr. v. Cumberland County Child Support Enforcement 

Kilamenjaro C. Clifton v Department of Human Resources 

Maria H. Morris v. Carteret County Child Support Agency 

Jeffrey S. Lerner v Department of Human Resources 

Kenneth Joe Diamond v. Cumberland County Child Support Enforcement 

Gregory C. McCauley v. Department of Human Resources 

James Todd Godfrey v. Child Support Dept. of Social Services 

Oscar G. Mason v Department of Human Resources 

Spencer L. Allen v Department of Human Resources 

Gary Lee Heafner Sr. v Department of Human Resources 

Hsiu Chu Meachum. A/K/A Linda Meachum v. Dept of Human Resources 

Kenneth A. Ingle v. Department of Human Resources 

Billie J. Swain v Social Services Child Support 

Raul Lapouble v Department of Human Resources 

Jamal D. Wilborne Sr v Child Support Enforcement & AFDC 

Bobby Joe Mcllwain v. Mecklenburg County Child Support Enforcement 

James Jackson v Department of Human Resources 

Jeffrey Dale Grant v. Department of Human Resources 

Harold Ray Armstrong. Jr v Department of Human Resources 

Gregory C. McCauley v Department of Human Resources 

Joseph J. Dunn v Department of Human Resources 

Joseph J. Dunn v. Department of Human Resources 

Gregory S Wolbert v Department of Human Resources 

Archie Lee Oxendine v. Department of Human Resources 

Michael Bell v. Department of Human Resources 

Jerome Maddox v. Department of Human Resources 

Ramon Domenech v Department of Human Resources 

Amil Rafkah v. Department of Human Resources 

William R Briggs v. Department of Human Resources 

Sanlord Tyler v. Department of Human Resources 

George G. Grill, Sr. v. Child Support Enforcement 

Phillip L. Lewis V. Department of Human Resources 

John William Vestal Sr. v. Department of Human Resources 

Charles F. Haag, Jr. v. Department of Human Resources 

Walter Richardson, Jr v. Department of Human Resources 

Clifton Huff V. Child Support Enforcement Mecklenburg 

Scott Sanders v. Department of Human Resources 

Mark Stephens v. Department of Human Resources 

Teresa Devalle v. Department of Human Resources 

Larry Michael Rollins, Jr. v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Richard A. Patton Jr. v. Department of Human Resources 

Kenneth Ray Lowery v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


96 CSE 1475 


Becton 


02/17/97 


96 CSE 1486 


West 


01/31/97 


96 CSE 1487 


Smith 


02/06/97 


96 CSE 1490 


Phipps 


01/09/97 


96 CSE 1494 


Reilly 


02/25/97 


96 CSE 1503 


Chess 


01/24/97 


96 CSE 1509 


Gray 


02/03/97 


96 CSE 1514 


Morrison 


03/03/97 


96 CSE 1518 


Becton 


01/31/97 


96 CSE 1523 


Mann 


02/10/97 


96 CSE 1538 


Becton 


01/09/97 


96 CSE 1545 


Chess 


01/24/97 


96 CSE 1546 


Phipps 


02/03/97 


96 CSE 1547 


Mann 


02/10/97 


96 CSE 1552 


Reilly 


01/30/97 


96 CSE 1553 


West 


02/04/97 


96 CSE 1559 


Chess 


01/24/97 


96 CSE 1560 


Phipps 


01/30/97 


96 CSE 1577 


West 


02/17/97 


96 CSE 1579 


Chess 


01/28/97 


96 CSE 1580 


Phipps 


01/14/97 


96 CSE 1581 


Mann 


12/10/96 


96 CSE 1593 


Morrison 


02/18/97 


96 CSE 1596 


Smith 


01/30/97 


96 CSE 1607 


Morrison 


01/09/97 


96 CSE 1608 


Reilly 


03/03/97 


96 CSE 1615 


Morrison 


01/09/97 


96 CSE 1618 


Smith 


01/10/97 


96 CSE 1621 


Phipps 


01/09/97 


96 CSE 1623*^ 


Gray 


03/03/97 


96 CSE 1629 


Becton 


02/28/97 


96 CSE 1669 


Mann 


02/17/97 


96 CSE 1671 


Morrison 


03/03/97 


96 CSE 1675 


Smith 


02/17/97 


96 CSE 1684 


Gray 


02/03/97 


96 CSE 1685 


Morrison 


02/28/97 


96 CSE 1715 


Chess 


02/20/97 


96 CSE 1732 


Smith 


02/17/97 


96 CSE 1734 


Chess 


02/20/97 


96 CSE 1736 


Morrison 


02/18/97 


96 CSE 1737 


Reilly 


02/25/97 


96 CSE 1739 


Smith 


02/17/97 


96 CSE 1753 


Reilly 


01/30/97 


96 CSE 1763 


Gray 


02/03/97 


96 CSE 1768 


Smith 


02/27/97 


96 CSE 1770*" 


Mann 


02/03/97 


96 CSE 1771*'-' 


Mann 


02/03/97 


96 CSE 1783 


Mann 


02/10/97 


96 CSE 1797 


Morrison 


01/30/97 


96 CSE 1800 


Morrison 


01/09/97 


96 CSE 1865 


Chess 


01/28/97 


96 CSE 1912 


Gray 


02/03/97 


96 CSE 2020 


Reilly 


02/25/97 


96 CSE 2021 


West 


02/17/97 


96 CSE 2067 


Phipps 


02/17/97 


96CRA 1185 


Becton 


02/28/97 


96 CRA 1225 


Becton 


12/18/96 


96CRA 1244 


Reilly 


12/10/96 


96 CRA 1289 


Phipps 


12/12/96 


96 CRA 1302 


Morrison 


12/10/96 


96 CRA 1318 


Mann 


01/22/97 


96 CRA 1320 


Morrison 


12/12/96 


96 CRA 1321 


Reilly 


12/13/96 


96 CRA 1329 


Gray 


01/13/97 


96 CRA 1341 


Reilly 


01/10/97 


96 CRA 1350*" 


West 


02/10/97 


96 CRA 1354*" 


Reilly 


02/06/97 


96 CRA 1355 


Becton 


01/15/97 



PUBLISHED DECISION 
REGISTER CITATION 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1851 



CONTESTED CASE DECISIONS 



AGENCY 



Jetfre> Len Ezzell v Deparimeni of Human Resources 

Jeffrey Len Ezzell v Deparimeni of Human Resources 

Tessa Jones v Deparimeni of Human Resources 

Tessa Jones v Deparimeni of Human Resources 

Ronald Graham Moore v Deparimeni of Human Resources 

John G Howard. Jr v Deparimeni of Human Resources 

Gregory B Phy v Deparimeni of Human Resources 

Raymond E Smiih v Deparimeni of Human Resources 

Roberi A Green v Deparimeni of Human Resources 

Michael Roddy v Deparimeni of Human Resources 

Kevm J Miller v Deparimeni of Human Resources 

Timoihy Schnell v Deparimeni of Human Resources 

Waller Love v Deparimeni of Human Resources 

Roger W Taylor v Deparimeni of Human Resources 

William D Wall v. Child Suppori Enforcemeni 

Barbara Renea Caldwell v, Cumberland Ciy Child Suppori Enforcemeni 

Lee G Sanders Jr v, Deparimeni of Human Resources 

Brian Kevin King v Deparimeni of Human Resources 

Laura D Prince v Deparimeni of Human Resources 

George D Brickell v. Deparimeni of Human Resources 

Kelvine Lance Thompson v Deparimeni of Human Resources 

Marcus Waikins v, Stanly Couniy Deparimeni of Social Services 

Garry G- Hickman v Deparimeni of Human Resources 

David Lynn Jones v Deparimeni of Human Resources 

Kenneih Joe Diamond v Cumberland Couniy Child Suppori Enforcemeni 

Keiih W Phillips V Cleveland Ciy Deparimeni of Social Services 

Judy R Johnson v Deparimeni of Human Resources 

Levern Blue v Deparimeni of Human Resources 

Michael E Kimbril v Child Suppori Agency Buncombe County 

Spencer L Allen v Deparimeni of Human Resources 

James Roberi Liles v Deparimeni of Human Resources 

Tommy Allen Springs v Forsyih Ciy Depi of Social Services 

David Ray Rowdy v Depi of Human Resources 

John E Gombocs v Depi of Human Resources 

Charles John Widelski v Deparimeni of Human Resources 

Wayne L Weeks v. Deparimeni of Human Resources 

.■kmanda F Blount v, Cumberland Ciy Child Suppori Enforcemeni 

Oscar C Adams v. Deparimeni of Human Resources 

Norman Eugene Cameron v. Suppori Enforcemeni Fayeiieville 

David J Hildebrand v. Department of Human Resouces 

Debra J Davis v Columbus Couniy Depi Social Service 

Debra Wade v Deparimeni of Human Resources 

Casey C, Townsend v Department of Human Resources 

Samuel L- Powell v Deparimeni of Human Resources 

Samual L Gordon v Deparimeni of Human Resources 

C Lee Barilett v Department of Human Resources 

Terence L McMurray v. Department of Human Resources 

Melinda S Tunner v Deparimeni of Human Resources 

Jeanne G Bishop v Deparimeni of Human Resources 

Rebecca Beaver v Department of Human Resources 

Vivian B While \' Deparimeni o\ Human Resources 

Mary R Mahon v Department of Human Resources 

Mary R Mahon v Deparimeni of Human Resources 

Laura Heidorf v Deparimeni of Human Resources 

Lois Flo\d Barber v Department of Human Resources 

La Rue Herring v Department of Human Resources 

Debra D Hammonds v Department of Human Resources 

Vickie Osoria v Department of Human Resources 

Trine P- Bollinger v. Department of Human Resources 

Christie L Pittman v. Department of Human Resources 

Lorna Sharpe-Ester v Department of Human Resources 



CASE 




DATE OF 


M'MBER 


ALJ 


DECISION 


96 CRA 1368*^ 


Phipps 


02/06/97 


96 CRA 1369 


Phipps 


12/12/96 


96 CRA 1372 


Mann 


12/10'96 


96 CRA 1373* - 


Mann 


02/10/97 


96 CRA 1374 


Gray 


01 14/97 


96 CRA 1386 


Reilly 


12'13/96 


96 CRA 1399 


West 


11/14/96 


96 CRA 1404 


Wesl 


01'10/97 


96 CRA 1436* - 


Gray 


12/12/96 


96 CRA 144:*=' 


Smiih 


02/17/97 


96 CRA 1443 


Becion 


01/13/97 


96 CRA 1447 


Morrison 


01/30/97 


96 CRA 1465*= 


Gray 


02'18/97 


96 CRA 1478 


Mann 


01/10/97 


96 CRA 1481*- 


Morrison 


02/18/97 


96 CRA 1510 


Reilly 


01/14/97 


96 CRA 1515 


Reilly 


01/13/97 


96 CRA 1516 


West 


01/13/97 


96 CRA 1517 


Smith 


01/13/97 


96 CRA 1526 


Morrison 


12/10/96 


96 CR.'^L 1537 


Becion 


12/18/96 


96 CRA 1554 


West 


01,13/97 


96 CRA 1563* ' 


West 


02/10/97 


96 CRA 1565 


West 


01/13/97 


96 CRA 1624*-' 


Gray 


03/03/97 


96 CRA 1627 


West 


01/1497 


96 CR-A 1631 


Phipps 


01/14/97 


96 CR.^ 1650 


West 


01/14/97 


96 CRA 1666 


Smith 


01/14,97 


96 CRA 1676 


Smith 


01/1497 


96 CRA 1678 


Chess 


02/1 8 '97 


96 CRA 1733 


Becion 


02/06/97 


96 CRA 1751 


Gray 


02/07/97 


96 CR.A 1755 


Smith 


02/10/97 


96 CRA 1765 


Reilly 


02/06/97 


96 CRA 1776 


Becion 


02/06/97 


96 CR.^ 1790 


West 


02/10/97 


96 CRA 1799 


Gray 


03/03/97 


96 CRA 1807 


Smith 


02/06/97 


96 CRA 1819 


Morrison 


02/06/97 


9b CRA 1842 


Mann 


02/10/97 


96 CRA 1852 


Smiih 


02/06/97 


96 CR.'Si 1856 


Mann 


02/10/96 


96 CR.'V 1893 


West 


02/17/96 


96 CRA 1919 


Gray 


02/18/96 


96 CRA 1938 


Morrison 


02/18/96 


96 CRA 1946 


Morrison 


02/18/96 


95 DCS 0921 


Morrison 


05/09/96 


95 DCS 0958 


West 


04/04/96 


95 DCS 1114 


Reilly 


04/26/96 


95 DCS 1115 


Phipps 


06 04/96 


95 DCS 1137*' 


Chess 


06/11/96 


95 DCS 1142*" 


Chess 


06/11,96 


96 DCS 0065 


Reilly 


03/22/96 


96 DCS 0176 


Gray 


07/30/96 


96 DCS 0298 


Gray 


11/06/96 


96 DCS 0792 


Chess 


10,-08/96 


96 DCS 1140 


Gray 


12/12/96 


96 DCS 1353 


Smith 


12/12/96 


96 DCS 1561 


Mann 


01 '27/97 


96 DCS 1687 


West 


02/10/97 



PL^LISHED DECISION 
REGISTER CITATION 



INSURANCE 



Carol M Hall v Teachers & Stale Employees Comp Major Medical Plan 95 INS 1141 
Arthur Wayne Dempsey v, Deparimeni of Insurance 95 INS 1255 

Deborah B Beavers v. Teachers & St Emp Comp Major Med Plan 95 INS 1411 
Nadia A. Hakim v Deparimeni of Insurance 95 INS 1422 



Phipps 


04/01/96 


Smith 


04'22/96 


Smiih 


05/10/96 


Smiih 


03/26,-96 



1 1 05 NCR 308 



1852 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUlVffiER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Kaihleen D, Jarvis v Teachers & St. Emp. Comp. Major Med. Plan 



96 INS 0075 



Mary Alice Casey v. Depanmem of Insurance 96 INS 0148 

Nancy C. Lowe v. Teachers & Slaie Employees Comp. Major Med. Plan 96 INS 0726 

JUSTICE 



Morrison 

Reilly 

West 



10/16/96 

08/14/96 
11/20/96 



Wendy Atwood v Department of Justice (Company Police Program) 
Deborah K. Torrance v Company Police Program Administrator 
John O Beach v Alarm Systems Licensing Board 
Ronald R. Coats v Alarm Systems Licensing Board 

Education and Training Standards Division 

Freddie Levern Thompson v Criml. Justice Ed. & Training Stds Comm 

Shane Douglas Crawford v. Sheriffs' Ed. & Trainmg Stds. Comm 

Charles Henry Daniels v. Criml. Justice Ed. & Traming Stds Comm. 

Valerie Maxme Brewington v. Criml. Justice Ed. & Traming Stds. Comm 

Patricia Josephine Bonanno v. Sheriffs' Ed. & Training Stds. Comm. 

Douglas Allan Stuart v. Sheriffs' Ed. & Training Stds Comm 

Rick M. Evoy v. Criminal Justice Ed. & Training Stds. Comm. 

Windell Daniels v. Criminal Justice Ed & Training Stds. Comm. 

Gregory Lee Daughtridge v. Sheriffs' Ed. & Training Stds, Comm. 

Sherrie Ann Gainey v. Sheriffs' Ed. & Training Stds. Comm. 

Stuart Hugh Rogers v Sheriffs' Ed & Training Stds. Comm. 

Brian Thomas Craven v. Sheriffs' Ed & Trainmg Stds. Comm. 

Larry D Weston v. Sheriffs' Ed. & Training Stds. Comm. 

Carlton Gerald v. Criminal Justice Ed. & Training Stds Comm 

Ken Montie Oxendlne v. Criminal Justice Ed & Training Stds Comm 

James Leon Hunt v. Criminal Justice Ed & Traming Stds. Comm. 

David Kent Knight v Sheriffs' Ed. & Training Stds Comm 

Demetrius Arnez Brown v Criminal Justice Ed & Training Stds Comm. 

Claude F Nunnery v. Sheriffs' Ed. & Training Stds Comm. 

John Charles Maloney v Sheriffs' Ed. & Training Stds Comm 

Jimmie L, Cooper v. Sheriffs' Ed. & Training Stds Comm 

Jerry Glenn Monette v. Sheriffs' Ed & Training Stds Comm. 

Carlton Gerald v. Criminal Justice Ed. & Training Stds Comm 

Woodrow Andrew Clark v. Criminal Justice Ed & Training Stds Comm. 

Warren Scott Nail v. Criminal Justice Ed & Training Stds Comm. 

Zoriana Lyczkowski v. Sheriffs' Ed & Training Stds Comm 

Philip A Berezik, Jr. v. Criminal Justice Ed. & Training Stds. Comm. 

George Willie Gilliam v Sheriffs' Ed & Training Stds Comm. 

George Willie Gilliam v Sheriffs' Ed & Training Stds Comm. 

Glenn R Brammer v Sheriffs' Ed & Training Standards Comm. 

Tlmothy Wayne Fulford v. Sheriffs' Ed & Training Stds. Comm 

Brent Lee Mlllsaps v. Sheriffs' Ed. & Training Stds. Comm 

James Michael Doe v. Criminal Justice Ed & Training Stds Comm. 

Charles M. Perry v. Criminal Justice Ed & Training Stds. Comm. 

Gregory K Knox v. Sheriffs' Ed & Training Stds. Comm. 

Tyrone Sutton v. Criminal Justice Ed & Training Stds, Comm. 

Bobby V Hancock v. Sheriffs' Ed. & Training Stds Comm. 



96 DOJ 0111 


Chess 


08/07/96 


96 DOJ 0363 


Becton 


08/14/96 


96 DOJ 1362 


West 


11/19/96 


96 DOJ 1364 


Phlpps 


11/26/96 



95 DOJ 0731 


Chess 


02/29/96 




95 DOJ 0943 


Reilly 


05/17/96 




95 DOJ 1070 


West 


06/12/96 




.95 DOJ 1129 


Smith 


04/12/96 




95 DOJ 1152 


Chess 


03/25/96 




95 DOJ 1189 


Morrison 


06/06/96 




95 DOJ 1235 


Chess 


03/25/96 




95 DOJ 1320 


Gray 


07/24/96 




96 DOJ 0027 


Reilly 


03/19/96 




96 DOJ 0028 


Becton 


08/09/96 




96 DOJ 0029 


West 


06/18/96 




96 DOJ 0036 


Gray 


07/09/96 




96 DOJ 0037 


Smith 


06/12/96 




96 DOJ 0068 


Gray 


03/26/96 




96 DOJ 0071 


West 


03/28/96 




96 DOJ 0077 


Phlpps 


07/25/96 




96 DOJ 0115 


West 


03/28/96 




96 DOJ 0138 


Becton 


08/09/96 




96 DOJ 0305 


Gray 


08/28/96 




96 DOJ 0306 


Smith 


08/16/96 




96 DOJ 0352 


Morrison 


07/12/96 




96 DOJ 0420 


Morrison 


07/26/96 11:10 NCR 874 


96 DOJ 0432 


Becton 


08/07/96 




96 DOJ 0515 


West 


10/07/96 




96 DOJ 0576 


Becton 


08/07/96 




96 DOJ 0619 


Morrison 


10/21/96 




96 DOJ 0652 


Reilly 


11/13/96 




96 DOJ 0656 


Morrison 


08/02/96 




96 DOJ 0656 


Phlpps 


01/28/97 




96 DOJ 0839 


Smith 


09/05/96 




96 DOJ 0840 


Smith 


09/16/96 




96 DOJ 0841 


Chess 


09/24/96 




96 DOJ 0957 


Phipps 


12/06/96 




96 DOJ 1016 


Smith 


01/22/97 




96 DOJ 1836 


Reilly 


02/03/97 




96 DOJ 1837 


Becton 


02/17/97 




96 DOJ 1885 


Becton 


02/17/97 





Private Protective Services Board 



Timothy A. Hawkins v. Private Protective Services Board 
William F. Combs v. Private Protective Services Board 
Randy C Hoyle v. Private Protective Services Board 
John Darrell Shaver v. Private Protective Services Board 
Daniel Ray Williams v. Private Protective Services Board 
Robert A. Gibson v. Private Protective Services Board 
Jimmy D Matthews v. Private Protective Services Board 
Johnnie Lee King v. Private Protective Services Board 
Charlie C. Brackett v. Private Protective Services Board 
Thomas R. Harris v. Private Protective Services Board 
Private Protective Services Board v Henry E. Byrd. Jr. 
Larry Boggs v. Private Protective Services Board 
Private Protective Services Board v Charles T Mathis 
Private Protective Services Board v Ricky C Mullinax 
Private Protective Services Board v. Michael A. Smith 



95 DOJ 1419 


West 


04/12/96 


96 DOJ 0022 


West 


03/22/96 


96 DOJ 0024 


Smith 


06/10/96 


96 DOJ 0127 


Reilly 


02/26/97 


96 DOJ 0128 


Reillv 


02/26/97 


96 DOJ 0386 


Smith 


07/03/96 


96 DOJ 0676 


Reilly 


07/11/96 


96 DOJ 0677 


Reilly 


07/11/96 


96 DOJ 0712 


Becton 


02/03/97 


96 DOJ 0761 


Reilly 


07/11/96 


96 DOJ 0796 


Mann 


08/19/96 


96 DOJ 0797 


Morrison 


10/10/96 


96 DOJ 0798 


Mann 


08/27/96 


96 DOJ 0800 


Becton 


10/04/96 


96 DOJ 0801 


Becton 


10/09/96 



12:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1853 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALT 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



92 BME 0510 



Keuh L Saunders v Private Proiecove Services Board 96 DOJ 1363 

MEDICAL BOARD 

Medical Board v. Martin A Hatcher. M D 

PUBLIC INSTRUCTION 

Lavern K Suggs v NC Board of Education 

V.A.A. and RL.A v. Johnston County School System 

J.T.S. & T S.. Parents of EMS v. Chapel Hili-Carrboro City SchL Sys. 

L.O. v. Charlotte-Mecklenburg Board of Education 

Candyce Ewanda Newsome v Hertford County Board of Education 

W and GB , on Behalf of CB. v, Winston-Salem/Forsyth Cty Schools 

Zelma J Hillsman v. NC State Board of Education 

Cyvonne Rush Bryant v NC State Board of Education 

Steve Wright Brown v. State Board of Education 

Blaise Malveau v Cumberland County Board of Education 

Blaise Malveau v. Cumberland County Board of Education 

John Barlow v. Watauga County Board of Education 

Louis Craig Gill v. State Board of Education 

John L Archer v Department of Public Instruction 

Pamela F Cummings v. Department of Public Instruction 

Susie Whitley/Brandon Whitley v. Charlotte-Mecklenburg Bd. of Ed 

Michael Wayne Geter v Charlotte-Mecklenburg School Board 

Ted Louis Raye v State Board of Education 

Felicia M Moore v. Charlotte-Mecklenburg Schools & Dept of Public Ins- 

STATE PERSONNEL 

Department of Administration 

Jimmie A Hughes. Jr. v. Department of Administration 96 OSP 0008 

Jonathan L Fann v Department of Administration. Admin Personnel 96 OSP 0042 
Carlton Gerald v State Capitol Police. Department of Administration 96 OSP 0116 

Administrative Office of the Court 

Ethel R Tyson v NC Judicial Depi , Administrative Office of the Court 96 OSP 0080 

Albemarle Mental Health Center 

Judy A Gordon v Albemarle Mental Health Center 96 OSP 0354 

Appalachian State L'niversity 

Janice S Walton v ASU. Beverly Christian. Joan Cntcher. Libby Clawson96 OSP 0055 
Janice S. Walton v .\ppalachian St University. Claude Cooper, Bill Ragan96 OSP 0062 
Janice S. Carroll v Appalachian St University. Claude Cooper, Bill Ragan96 OSP 0063 
Theresa Louise Whittington v Appalachian State University 96 OSP 0350 

A & T State University 

Joey M. Carey v. A & T State University 96 OSP 0393 

Caldwell County 

Blake C Pace v Caldwell County 96 OSP 0047 

Catawba County Mental Health 

Tonyer J Ruff v Catawba County Mental Health 96 OSP 0951 

jVC Central University 

Francina Y Tale v. Chancellor Julius L Chambers. NC Central Univ. 95 OSP 1432 
Renee Lynch v. NC Central University 95 OSP 1461 



Smith 



Grav 



Smith 



Ches 



West 



Morrison 



Becton 



Smith 
Smith 



01/15/97 



06/28/96 



Reilly 


07/23/96 


Gray 


05/24/96 


Gray 


04/25/96 



03/15/96 



10/17/96 



West 


01/15/97 


West 


03/13/96 


West 


03/07/96 


Smith 


10/09/96 



10/10/96 



04/01/96 



10/22/96 



04/22/96 
10/03/96 



11:08 NCR 555 



95 EDC 0383 


Smith 


03/13/96 


11:01 NCR 50 


95 EDC 1024 


Mann 


02/11/97 


11 24 NCR 1860 


95 EDC 1194 


Mann 


04/12/96 




96 EDC 0285 


Mann 


05/31/96 




96 EDC 0344 


Chess 


05/15/96 




96 EDC 0349 


Mann 


09/03/96 




96 EDC 0399 


Phipps 


01/27/97 


11:23 NCR 1808 


96 EDC 0591 


Becton 


09/11/96 




96 EDC 0593 


Reilly 


10/11/96 




96 EDC 0613 


Chess 


08/14/96 




96 EDC 0614 


Chess 


08/14/96 




96 EDC 0623 


Reilly 


07/24/96 




96 EDC 0675 


Smith 


12/18/96 


11:20 NCR 1624 


96 EDC 0678 


Smith 


08/02/96 




96 EDC 0742 


Smith 


08/16/96 




96 EDC 0964 


Chess 


09/17/96 




96 EDC 1036 


West 


09/23/96 




96 EDC 1055 


Morrison 


01/10/97 




96 EDC 1303 


Smith 


11/25/96 





11:15 NCR 1255 



1854 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Central North Carolina School for the Deaf 

Felicia S, Milton v. Central North Carolina School for the Deaf 



95 OSP 1241 Chess 



05/17/96 



Department of Correction 

Haydee Craver v. Department of Correction. Pender Correctional Inst, 95 OSP 1046 
Nancy L, Marek v. Department of Correction. Division of Prisons 95 OSP 1075 

Gregory Allen Jones v. Department of Correction. Supt. Bonnie Boyeite 95 OSP 1290 
Carolyn Cheek v. Department of Correction 95 OSP 1441 

Calvia L Hill v Department of Correction, McCain Correctional Hospital 95 OSP 1460 

96 OSP 0092 
96 OSP 0199 
96 OSP 0258 
96 OSP 0261 
96 OSP 0279 
96 OSP 0348 
96 OSP 0372*' 



Alisha Louise Staley v. Randolph Correctional Center 

Brenda Propst v. Foothills Correctional Institution 

Delon D- Solomon v. Department of Correction 

Alisha Louise Staley v. Randolph Correctional Center 

Ann Williams v. Department of Correction 

Haydee C. Craver v Department of Correction. Christopher Phillips 

Dwight Taylor. Mike Estep. Jackie Boone, Robert Pitman. Jeffery Clark 

V. Department of Correction 
Dwight Taylor. Mike Estep. Jackie Boone, Robert Pitman. Jeffery Clark 96 OSP 0373* 

V. Department of Correction 
Dwight Taylor. Mike Estep. Jackie Boone. Robert Pitman. Jeffery Clark 96 OSP 0374* 

V. Department of Correction 
Dwight Taylor. Mike Estep. Jackie Boone, Robert Pitman, Jeffery Clark 96 OSP 0375* 

V. Department of Correction 
Dwight Taylor. Mike Estep. Jackie Boone, Robert Pitman. Jeffery Clark 96 OSP 0376* 

V. Department of Correction 
Rebecca A. Faison v. Department of Correction for Women 96 

Calvia L. Hill v. Department of Correction. McCain Correctional Hospital 96 
Pamela Robinson v. Department of Correction 
James A. Klein v. Department of Correction 

James E. Holmes v. Secretary Franklin Freeman (DOC). Parole Comm. 
Tony R. Broffman v. Department of Correction 
Mary Hargraves v. Department of Correction 
Michael S. Doe v. Caswell Center 
Timothy L, Willis v. Caswell Correctional Center 
Alisha Louise Staley v Randolph Correctional Center 
Sharon Oxendine v. Department of Correction 
James D. Dowdy v. Department of Correction 
Larry W. Cole. Sr. v. Brown Creek Correctional Inst. 
Martin Tyler Wells. Sr. v. Dept of Correction Sandhill Youth Center 
Timothy J. Ciscel & Anita K Ciscel v. DOP/Piedmont Corr. Inst. 
Charles H. Perry v Department of Correction 

Craven County Health Department 

Linda Walker v. Craven County Health Department 
Patricia Kemp v. Craven County Health Department 
Patricia Kemp v Craven County Health Department 

Department of Crime Control and Public Safety 

Jerry Lee Fields v. State Highway Patrol 

Gene Wells v. Crime Control & Public Safety. State Highway Patrol 

Hearl Oxendine v. Crime Control & Public Safety, St. Highway Patrol 

Jerry Lee Fields v. State Highway Patrol 

Gene Wells v. Crime Control & Public Safety. State Highway Patrol 

Lloyd Edward Lowry v. Department of Crime Control & Public Safety 

Peter Mason Griffin v. Crime Control & Public Safety. St. Hwy Patrol 

Durham County Health Department 

Lyila D. Stockton v Durham County Health Department 

East Carolina University 

Gregory Lapicki v. East Carolina University 

Bela E. Karvaly, Ph.D. v. ECU Bd. of Trustees. Ch Richard R Eakin 



OSP 0383 
OSP 0397 
OSP 0403 
OSP 0434 
OSP 0538 
OSP 0625 
OSP 0674 
OSP 0691 
OSP 0715 
OSP 0780 
OSP 0999 
OSP 1081 
OSP 1136 
OSP 1142 
OSP 1149 
OSP 1542 



Gray 

Chess 

Phipps 

Smith 

Gray 

Gray 

Morrison 

West 

Morrison 

Phipps 

Phipps 

Smith 

Smith 

Smith 

Smith 

Smith 

Becton 

Gray 

Phipps 

Gray 

Becton 

Becton 

Smith 

Phipps 

West 

Smith 

Becton 

Smith 

Phipps 

Chess 

Chess 

Reilly 



95 OSP 1171*" Smith 

95 OSP 1233*'' Smith 

96 OSP 0324*" Smith 



94 OSP 1174*'° 


Gray 


95 OSP 0249*' 


Smith 


95 OSP 0697 


Smith 


95 OSP 0836*'° 


Gray 


95 OSP 1050*' 


Smith 


96 OSP 0341 


Reilly 


96 OSP 1309 


Gray 



95 OSP 0176 



94 OSP 1721 
96 OSP 0150 



West 



Reilly 
Chess 



03/12/96 
02/17/97 
05/14/96 
09/19/96 
05/17/96 
06/03/96 
04/09/96 
07/02/96 
08/05/96 
10/31/96 
05/15/96 
07/05/96 

07/05/96 

07/05/96 

07/05/96 

07/05/96 

10/01/96 
08/15/96 
12/18/96 
10/29/96 
02/07/97 
08/29/96 
09/05/96 
09/23/96 
07/30/96 
10/16/96 
10/22/96 
02/21/97 
02/10/97 
01/28/97 
01/24/97 
01/02/97 



01/24/97 
01/24/97 
01/24/97 



08/05/96 
07/23/96 
10/16/96 
08/05/96 
07/23/96 
02/28/97 
12/12/96 



07/02/96 



09/26/96 
05/08/96 



11:24 NCR 1886 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1855 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



96 OSP 0212 
96 OSP 0759 



Teresa Dail McCaskill v. East Carolina University 

Richard Paul Schneck v ECU Human Res , Sch, of Med . Psych. Med. 

Employment Security Commission 

Gene S Baker v Gov James B Hum, Jr , Ann Q Duncan. Chairman, 

Employmeni Security Commission 
William Herbert Alien v Employment Security Commission 
Patricia Gary v Employment Security Commission 
Tonderlier Lynch v. Emp. Security Comm.. Austin Quality Foods. Inc 
Jessie James Thomas, Jr v Employment Security Commission 

Department of Environment. Health, and Satural Resources 



Roberta Ann "Robin" Hood v. Environment, Health, & Natural Resources 95 OSP 0035 
Kathy B Vinson v. Dept of Environment, Health. & Natural Resources 95 OSP 0203 
Donald E Batts v Division of Adult Health. EHNR 95 OSP 1071 



Gray 
Smith 



Reilly 

Gray 

Smith 



01/10/97 
12/19/96 



93 OSP 0707 


Becton 


05/16/96 


11:05 NCR 300 


94 OSP 1688 


West 


06/11/96 




95 OSP 0793 


Chess 


05/14/96 




96 OSP 0275 


Chess 


05/21/96 




96 OSP 1961 


Phipps 


01/27/97 





04/09/96 
09/18/96 
10/01/96 



11:13 NCR 1087 



Fayeltevitte Stale University 

William C Neal v Fayetteville State University 95 OSP 0392 Smith 

Guilford County Area Mental Health, Developmental Disabilities and Substance Abuse 

Stuart Klatte V. Guilford Ciy Area MH/DD/SAS, St Per Comm. OSP 95 OSP 1179 Smith 



Department of Human Resources 

Sheila Logan v. Black Mountain Center. Dept of Human Resources 

Myron A Smith v DHR. Division of Child Development 

Ophelia Webb v Edard R Inman. Dir Alamance Cty DSS. Alamance 

Cty DSS. Alamance County, and DHR 
Peggy Pledger v Department of Human Resources. Dorothea Dix Hosp. 
Peggy Pledger v Department of Human Resources. Dorothea Dix Hosp. 
Peggy Pledger v Department of Human Resources. Dorothea Dix Hosp. 
Gail Mane Rodgers Lincoln v DHR. DMH/DD SAS-Cherry Hosp.. 

Cherry Hospital 
Cynthia D. Hickman v DHR. Central School for the Deaf 
Johnny Earl Young v Unit Head Director of Food & Nutrition 
Peggy Pledger v. Department of Human Resources. Dorothea Dix Hosp. 
Mary A Boogaerts v. Cherry Hospital. Goldsboro. NC 
Kelvin Parter v Dorothea Dix Hospital 

Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Johnny Earl Young v Unit Head Director of Food & Nutrition 
Kim A Bell v. Walter B. Jones Alcohol & Drug Abuse Treatment Center 
Allen J Wright, Jr. v. Blue Ridge Area Authority 
Lynn S Hales v John Umsiead Hospital 
Deborah Ayala v DHR/DSS/Child Support Enforcement 
Jacqueline C Branch v Division of Facility Services 

Buncombe Count}' Department of Social Ser\ices 

Kathy Davis v Buncombe County Department of Social Services 

Caswell Center 



95 OSP 1487 



04/22/96 



07/19/96 



95 OSP 0672 


Chess 


01/24/97 


95 OSP 1033 


Morrison 


11/27/96 


96 OSP 01 12 


Gray 


03/13/96 


96 OSP0I14»'' 


Gray 


11/05/96 


96 OSP 0146*' 


Gray 


11/05/96 


96 OSP 0147*" 


Grav 


11/05/96 


96 OSP 0159 


Chess 


06/17/96 


96 OSP 0191 


Becton 


09/23/96 


96 OSP 0217 


ReiUv 


08/13/96 


96 OSP0241»" 


Gray 


11/05/96 


96 OSP 0269 


Becton 


05/29/96 


96 OSP 0294 


Chess 


08/07/96 


96 OSP 0543 


Reilly 


07/09/96 


96 OSP 0590 


Reilly 


07'09'96 


96 OSP 0597 


Becton 


09/11/96 


96 OSP 0665 


Reilly 


12/20/96 


96 OSP 0729 


West 


10/02/96 


96 OSP 1062 


Smith 


10/29/96 


96 OSP 1089 


Smith 


12/09/96 



11:10 NCR 865 



West 



08/09/96 



Ramona C Jenkins v Department of Human Resources. Caswell Center 89 OSP 041 1 

Ramona C. Jenkins v. Department of Human Resources. Caswell Center 91 OSP 0522 

Franklin D Sutton v. Department of Human Resources. Caswell Center 94 OSP 0766 

Cumberland County Department of Social Senices 

Deborah McKoy v. Cumberland County Department of Social Services 95 OSP 1059 

Ruth Former v Cumberland County Department of Social Services 96 OSP 0829 

Durham County Department of Social Services 

Jan E Smith v Durham County Department of Social Services 95 OSP 1121 



Becton 


03/26.96 






Becton 


03/26/96 


1 1 02 NCR 


89 


Smith 


03/21/96 







Chess 
Becton 



Morrison 



02/17/97 
12/02/96 



05/24/96 



1856 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Halifax County Depanmem of Social Services 
Clairbel Thomas v Halifax County DSS & Director. Halifax County DSS 95 OSP 0905 

Haywood County Department of Social Serxices 
Carol Hubbard v. Haywood County Department of Social Services 95 OSP 1084 

Lenoir County Department of Social Services 



Sharron S. Molen v. Lenoir County DSS. Jack B. Jones 
Felicia Ann Baker v. Lenoir County DSS. Jack B. Jones 

Division of Medical Assistance 

Harold Wiggins v. Division of Medical Assistance 

O'Berry Center 

Samuel Geddie v. O'Berry Center 

Gale Worrells v. Department of Human Resources. O'Berry Center 

Rockingham County Department of Social Ser\ices 
Lorretta Lawson v. Rockmgham County DSS 

Vance County Department of Social Senices 
Robert Eugene Davis v. Vance County Department of Social Services 

Wake County Department of Social Ser\ices 
Phylis Gilbert v. Wake County Department of Social Services 

Wilson County Department of Social Services 

Karen R. Davis v, Wilson County Department of Social Services 

Department of Insurance 

Larry W, Creech v. Department of Insurance 

Department of Justice 

Thomas M. Hughes v. Slate Bureau of Investigation. Dept of Justice 

Department of Labor 

Kevin P- Kolbe. Sr. v. Department of Labor 
Sydney Cheryl Sutton v. Department of Labor 

A'ew Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Pembroke State University 

Bruce W, Hunt v, Pembroke State University 

Department of Public Instruction 

Johnny Leak v. Public Schools of NC. Dept. of Public Instruction 
McLennard Jay v. Person County Schools 

Sandhill Community College 

Earl Levon Womack v. Sandhill Community College Bd. of Trustees 



96 OSP 1100 
96 OSP 1101 



95 OSP 1482 



96 OSP 0414 
96 OSP 1011 



96 OSP 0471 



96 OSP 0157 



95 OSP 1238 



96 OSP 0394 



95 OSP 0631 



95 OSP 0368 



95 OSP 0968 
95 OSP 1211 



95 OSP 1035 



95 OSP 128 



96 OSP 0861 
96 OSP 0862 



West 



Reilly 



Gray 
Gray 



West 



Morrison 
Gray 



West 



Reilly 



Phipps 



Chess 



Reilly 



Becton 



Morrison 
Phipps 



Smith 



Becton 



Phipps 
Phipps 



96 OSP 0573 Phipps 



05/29/96 



08/30/96 



12/06/96 
12/12/96 



06/11/96 



06/13/96 
01/09/97 



06/13/96 



10/28/96 



06/27/96 



11/01/96 



06/06/96 



02/28/97 



03/14/96 
02/04/97 



03/01/96 



12/02/96 



09/05/96 
09/04/96 



07/25/96 



1 1 :06 NCR 395 



11:13 NCR 1092 



11:21 NCR 1699 



11:07 NCR 434 



11:24 NCR 1877 



11:01 NCR 58 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1857 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NXMBER 



AU 



DATE OF 
DECISION 



PL^LISHED DECISION 
REGISTER CITATION 



Office of the State Controller 

Angela M Terry v Office of ihe State Controller 

Sorth Carolina Stale L'niversity 

Vernell Mitchell v North Carolina Cooperative Extension 
Frederick A. Parmley v NCSU Public Safety 
Harvey Lee Clemmons v North Carolina State University 
Andrew W. Gholson v North Carolina State University 

Tideland Mental Health Center 

Lisa C Selfridee v Tideland Mental Health Center 



96 OSP 0402 



96 OSP 1144 



Becton 



Smith 



08/07/96 



96 OSP 0132 


Gray 


05/10/96 


96 OSP 1037 


Smith 


01/14/97 


96 OSP 1426 


Reilly 


01/16/97 


96 OSP 1730 


Reilly 


01/15/97 



02/10/97 



Department of Transportation 

Pearlie M. Simuel-Johnson v Department of Transportation 

Dorothy J- Grays v. Div. of Motor Vehicles. Dept of Transportation 

Bobby R- Mayo v. Department of Transportation 

James H- Broyhill v. Department of Transportation 

Bobby R Mayo v. Department of Transportation 

Pearlie M Simuel-Johnson v. Department of Transportation 

Lisa Ann Lee v. Department of Transportation 

Melvin Duncan v Department of Transportation 

Greg Brown v Department of Transportation 

Jesse Wayne Castle v State Highway Maint . Guess Rd . Durham, NC 

■Archie Brooks V. W F Rosser. Department of Transportation 

Jessie L. Allen et aL v. DMV Enforcement Section 

Dwight Odell Graves v, DOT Maintenance. Caswell County 

R L- Singleton v Department of Transportation 

William Dean Gillenwater v Department of Transportation 

Stephanie Taylor v. Department of Motor Vehicles 

James M Stokes. Ill v Department of Transportation 

Tri-County Mental Health Complex 

Deborah Heil v Tri-Couniy Mental Health Complex 

I'niversity of Sorih Carolina 

Pamela B Edwards v University of North Carolina at Chapel Hill 

Keith R Cameron v University of North Carolina at Chapel Hill 

Jerel H. Bonner v. School of Nursing UNC at Chapel Hill 

Bela E Karvaly, PhD. v UNC Bd, of Gov.. Pres. CD Spangler, Jr 

Carl E Whigham v UNC Hospitals at Chapel Hill 

J. Scott Spears v, Ralph Pederson and UNC-C 

Nellie Joyce Ferguson v UNC Physicians & Assoc , Charles Foskey. Dir 

Mae Helen Lewis v. UNC Greensboro - Physical Plant 

Donna M. VanHook v UNC Hospitals at Chapel Hill 

Tommie Thompson v UNCG. Physical Plant 



Wake County Board of Health 

Debbie L Whitley v Env Health Div, Wake Ciy Dept. of Health 96 OSP 1090 

Vi'eslem Carolina i'niiersity 



94 OSP 0589- 


Gray 


03,'0I/96 




94 OSP 1044 


Reilly 


04/12.'96 


11.03 NCR 173 


95 OSP 0561*^-' 


Reillv 


01. '08/97 




95 OSP 0673 


Grav 


12/02/96 




95 OSP 0798*-' 


Reilly 


01/08/97 




95 OSP 0837*^ 


Gray 


03/01/96 




95 OSP 1099 


Reilly 


07/31/96 




95 OSP 1462 


Morrison 


03/08/96 




96 OSP 0048 


Reillv 


05'02/96 




96 OSP 0087 


Grav 


04/15/96 




96 OSP 0239 


Smith 


05 '17/96 




96 OSP 0408 


Becton 


08/12/96 




96 OSP 0616 


Morrison 


10/24/96 




96 OSP 0683 


Becton 


08/12/96 




96 OSP 0684 


Gray 


12/13/96 




96 OSP 0955 


Becton 


08/29/96 


11:13 NCR 1095 


96 OSP 0983 


Smith 


03/03/97 


11:24 NCR 1891 



95 OSP 1100 



Kristin K Parkinson v Western Carolina University 

Winston Salem Stale i'niversity 

Gejuan Long v. Winston Salem State University 
Rebecca Williams v Winston Salem State Universitv 



96 OSP 0987 



96 OSP 0253 
96 OSP 0807 



Smith 



95 OSP 0842 


Chess 


95 OSP 1060 


Morrison 


96 OSP 0026 


Grav 


96 OSP 0151 


Chess 


96 OSP 0248 


Chess 


96 OSP 0548 


Chess 


96 OSP 0977 


Phipps 


96 OSP 1000 


Reilly 


96 OSP 1103 


Gray 


96 OSP 1135 


Chess 



Smith 



Becton 



Gray 
Smith 



03/22/96 



06,'28/96 
06/24/96 
03/12/96 
05/08/96 
06/11/96 
08/30/96 
10/02/96 
10/21/96 
01/29/97 
01/29/97 



09,'05/96 



10/22/96 



01/17,'97 
01/23/97 



11 01 NCR 61 



Consolidated cases. 



1858 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



STATE TREASURER 

Donald B. Durham v. Teachers' & St. Employees Retirement Sys. 92 DST 1066 Chess 

Joyce Clyburn v. Dept. of State Treasurer Retirement Systems Division 96 DST 1087 Smith 

DEPARTMENT OF TRANSPORTATION 

James E Phillips v. Department of Transportation. Div of Motor Vehicles 96 DOT 1829 Reilly 
UNIVERSITY OF NORTH CAROLINA 



07/17/96 
10/18/96 



12/10/96 



11;09NCR 810 



Sylvia Jeffries v University of NC Hospitals at Chapel Hill 

James E. Boudwin v. University of NC Hospitals at Chapel Hill 

Rufus T, Moore Jr. v. UNC Hospital 

Marcia Spruill v. UNC Hospitals - Patient Accounts 

Charles E. Houlk v. UNC Hospitals 



96 UNC 0067 


Gray 


04/16/96 


96 UNC 0343 


Chess 


07/22/96 


96 UNC 0470 


Reilly 


08/12/96 


96 UNC 0500 


Becton 


07/10/96 


96 UNC 0588 


Morrison 


08/09/96 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1859 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF JOHNSTON 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 EDC 1024 



V.A.A. AND R.L.A.' 
Petitioners, 



JOHNSTON COLINTY SCHOOL SYSTEM 
Respondent. 



FINAL DECISION 



This contested case was heard in the Johnston County Counhouse, Smithfield, North Carolina, beginning on October 
16, 1996, and continuing through October 17, 1996. The record closed with the completion of the transcript which was filed 
in the Office of Administrative Hearings on December 18, 1996. 



For Petitioners: 



For Respondent: 



For Petitioners: 



For Respondent: 



APPEARANCES 

V.A.A. and R.L.A. 

331 Railroad Road 

Benson, North Carolina 27504 

Petitioners -pro se 

Arm L. Majestic 

Ruth T. Dowling 

Tharrington Smith, L.L.P. 

209 Fayetteville Street Mall 

P. O. Box 1151 

Raleigh, Nonh Carolina 27602-1151 

Attorneys for Respondent 



WITNESSES 



Dale Hinman 
Margaret Hinnant 
Jerr>' Bernstein, M.D. 
Greg GUey 
Carolyn S. Bailey 
V.A. (Petitioner) 

Ann Rose Parrish 
Aha Reus 

Patricia Ann Tolliver 
Charlotte Gregory 
Anita Hardee 
Michael Slingerland 



EXHIBITS 



For Petitioners: 



For Respondent: 



Petitioners' Exhibits 44 (R#15A)-45, 47A, 47B, 48-50 
Respondent's Exhibits 6, 14, 15A, 25 

Respondent's Exhibits 5-6, 13, 15, 15A, 16A, 17, 19-20, 22, 24-26, 28-29, 33-43 



'Full names of Petitioners and their minor child are deleted from this decision pursuant to 34 C.F.R. 
300.508(5). The minor child will be referred to as "K". 



1860 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



ISSUE 

Whether the proposed placement by Respondent of K. at Smithfield-Selma High School in the severely and 
profoundly handicapped classroom is appropriate within the meaning of state and federal special education laws. 

STIPULATIONS 

On October 16, 1996, the parties filed a Prehearing Order which contained, inter alia, the following Stipulations: 

1 . It is stipulated that all parties are properly before the court and that the court has jurisdiction of the parties 
and of the subject matter. 

2. It is stipulated that all parties have been correctly designated, and there is no question as to misjoinder or 
nonjoinder of parties. 

3. It is stipulated and agreed that each of the exhibits identified by the Respondent is genuine, and, if relevant, 
material and competent, may be received in evidence without further identification or proof. 

Based upon the Stipulations of the parties and by the greater weight of the evidence admitted at the hearing, the 
Chief Administrative Law Judge makes the following: 

FINDINGS OF FACT 

1. K., the daughter of V.A.A. and R.L.A., Petitioners, is a 14 year old student who is profoundly mentally 
handicapped and blind. She also suffers from cerebral palsy (a seizure disorder), severe scoliosis (curvature of the spine), 
and hypotonia (an inability to regulate body temperature). 

2. K. has a loving supportive family which includes her parents, a brother and sister. 

3. K. was first enrolled in the Johnston County Schools in September 1987 and has been identified and served 
as a student with special needs since that time. 

4. Until 1992, K. attended the Developmental Day Program at Selma Elementary School. 

5. In the spring of 1992, V.A.A. requested that K. be placed in a new multi-handicapped program at Benson 
Elementary School. The school system agreed to placement at Benson Elementary School at the time. 

6. From the fall of 1992 through the spring of 1995, K. remained in the Life Skills class at Benson Elementary 
School. The focus of her educational program was sensory stimulation and maintenance of her response to stimuli involving 
the olfactory, auditory and tactile senses. The educational program for the other students in the class primarily addressed 
academic and pre-academic skills. 

7. While at Benson Elementary, K. won several awards for "Terrific Kid" and a five dollar cash award for 
a heritage day contest. 

8. Ms. Charlotte Gregory, K.'s teacher at Benson Elementary School, became concerned during the 1993-94 
school year that K.'s level of alertness was decreasing; that she was becoming more difficult to stimulate; and that sensory 
stimulation appeared to trigger seizures at a higher rate. By the end of the 1993-94 school year, K. had achieved only one 
of her educational goals on her Individual Education Program ("lEP") and the remainder were continued. 

9. The decrease in K.'s alenness continued during the 1994-95 school year. Despite attempts to use 
manipulatives and augmentative communication devices, K. was not able to press switches or independently respond to any 
of the stimuli. 

10. On June 2, 1995, the Benson Elementary School-Based Committee ("SBC") reviewed K.'s lEP and her 
placement. In light of K.'s decreased alertness and responsiveness and the lack of progress on her lEP goals, the committee 
recommended a change of placement to the severely and profoundly ("SVP") mentally handicapped classroom at Selma 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1861 



CONTESTED CASE DECISIONS 



Elementary School. The SBC noted that the Selma Elementary School classroom would be more appropriate because the 
students in K.'s Benson Elementary classroom were significantly younger and more educationally and socially advanced than 
K. The students in the Selma Elementary class were more chronologically and educationally comparable to K. 

11. On June 9, 1995, the Administrative Placement committee ("APC") met to consider the SBC's 
recommendation. At that time, V.A.A. indicated that she was not in favor of the change in placement because Selma 
Elementary School was farther from her home and placement there would remove her from her home community. The 
community support for K. at Benson was of paramount concern to the Petitioners. However, the APC accepted the SBC's 
recommendation and approved the change in K.'s placement to Selma Elementary School, noting that it would more 
appropriately meet her educational and physical needs. 

12. In late June and early August of 1995, two additional APC meetings were convened at V.A.A. "s request 
to reconsider the recommended change of placement to Selma Elementary School. At these meetings school personnel again 
explained the reasons that they felt the proposed placement was appropriate for K., including the fact that the teacher in the 
proposed program had more experience working with SVP children than K.'s current teacher and the adaptive equipment 
available in the SVP classroom would better meet K.'s needs. At these meetings, V.A.A. expressed concern over the length 
of the bus ride to Selma Elementary School from her home. School persormel offered to provide direct service for K. from 
her home to school that would reduce the time of her bus ride. 

13. A contested case hearing was initiated on September 14, 1995 to challenge the proposed change of 
placement. 

14. In October of 1995, by way of correspondence from Petitioners to Aim Parrish, Director of the 
Respondent's Exceptional Children's Program, Petitioners write: "We would like to stress, again, that transportation is not 
the primary issue, instead, it is the educational environment that is most beneficial for K. to enhance her life." 
(Respondent's Exhibit #24) 

15. In December 1995, K. was evaluated at the Center for Development and Learning in Chapel Hill ("CDL"). 
The CDL report noted that it was difficult to determine K.'s academic potential but that areas of educational need included 
work on communication methods and physical therapy. CDL also advocated providing K. with a clear, predictable school 
routine to allow her to begin to anticipate activities. 

16. In Februar>' 1996, the parties agreed that K. would spend three days a week in the SVP classroom at Selma 
Elementary School and two days a week in the Life Skills Class at Benson Elementary School. This placement continued 
through the end of the school year. During that period of time, Pat Tolliver, K.'s teacher at Selma Elementary School, saw 
small but significant progress in K's responses to simple directions, feeding and use of switches. 

17. In March 1996, the SBC met to develop a new lEP for K. The parents and school personnel agreed that 
the new lEP was appropriate for K. 

18. In May 1996, school personnel met with V.A.A. to reconsider the issue of placement for the 1996 school 
year. The school committee recommended that K. be placed in the SVP classroom full-time. The class was moved to 
Smithfield-Selma High School beginning with the 1996-97 school year. The high school classroom is a more age appropriate 
setting for K. and is closer to her home than Selma Elementary School. 

19. V.A.A. disagreed with the proposed placement at Smithfield-Selma High School, again indicating that she 
wanted K. to remain in her neighborhood elementary school or middle school. The Petitioners again did not dispute the 
appropriateness of K.'s lEP. 

20. According to Dr. Jerry Bernstein, K.'s Pediatrician, K. has reached her potential in her development. She 
needs to be handled, coddled, nunured and spoken to but Dr. Bernstein had no basis for an opinion as to which of the two 
school placements would better meet K.'s needs. 

21. According to Dr. John Greg Olley, a psychologist at the Center for Development and Learning, K.'s 
educational potential was uncertain and the focus should be placed on teaching her methods of communicating her needs and 
improving her ability to interact with her world. K. should be in an age-appropriate setting. Although Dr. Olley was 
unfamiliar with the classroom being proposed for K., a program consistent with his outlined elements could be provided in 



1862 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



a severe and profound classroom in a central location in the county. 

22. V.A.A. desired to have K. in her neighborhood school and preferred that she remain in the Benson 
Elementary classroom until age 21. She was also willing to accept a placement in the class for educationally mentally 
handicapped smdents at South Johnston High School. V.A.A. believes that K. is not aware of the age of her classmates. 
She expressed concerns with the transportation provided to Selma Elementary School while K. was attending both Selma and 
Benson Elementary from February 1996-June 1996. The transportation mode was changed so that K. would have a direct 
route to and from Selma. 

23. According to Ann Parrish, K. would be provided direct transportation to Smithfield-Selma High School 
and that it would take approximately 25 minutes each way. K. would be picked up at home and taken directly to school 
without any stops. A monitor would always be present with K. during transportation to and from school. 

24. Some of the Petitioners' evidence indicates that K. is adversely affected by the length of the ride to and 
from school, particularly in cold weather. The modification provided by Respondent appears to compensate for any adverse 
effects. (The length and conditions of traiisportation must be closely monitored to ensure no adverse effects in the future.) 

25. The Severe and Profound class at Smithfield-Selma affords a smaller teacher to student ratio with three 
adults (one teacher and two aides) to six students. This airangement allows more individualized instruction for K. Some 
of the equipment used with K. which is available in the proposed class (a waterbed, specially designed swing) cannot be 
accommodated in K."s current class at Benson Elementary. 

26. There is a need to centralize services for severe and profoundly handicapped students like K. because of 
the difficulty in finding trained staff and the cost of purchasing necessary equipment. 

27. Respondent has developed its severe and profound class curriculum after extensive preparation and 
participation in national studies. This curriculum was featured as a model study at a recent national conference on 
augmentative educational training. The focus in this curriculum is to promote interactive objective skills in gross and fine 
motor, communication, and self help as well as to stress learning at all levels commensurate with abilities of the children 
served. (Respondent's #37) 

28. Alta Rens, School Psychologist, observed K. in her placement both at Benson Elementary and in the SVP 
classroom at Selma Elementary. It is Ms. Rens opinion that based on the experience and training of Ms. Tolliver, the SVP 
teacher, and the equipment available in Ms. Tolliver's room, that K. would be able to work more intensively on developing 
communication skills in the proposed placement. K. appeared more alert in Ms. Tolliver's class and the classroom afforded 
K. more direct physical contact because of the low teacher-smdent ratio. Ms. Rens also was of the opinion that a placement 
in tiie EMH class at South Johnston High School would be inappropriate because of the behavioral problems of many of the 
students in the class. 

29. Pat Tolliver is the teacher in the SVP classroom recommended for K. She taught SVP and blind students 
at Governor Morehead School; she has a B.S. degree in handicapped preschool; she is currently working on her full 
certification in SVP; she has a provisional certificate with an anticipated completion in June 1997, and she has taught SVP 
smdents in Respondent's schools for three years. Mrs. Tolliver has direct experience working with switches and assistive 
communication devices in her classroom. She participated in the development of a curriculum for SVP students and also 
participated in national smdies and conferences. Her philosophy is that every child can learn and that the teacher must build 
on a child's strengths. 

30. Under Ms. Tolliver, K. experienced an increasing level of alertness between February and June 1996, when 
K. was temporarily placed in Ms. Tolliver's classroom. K. made slow improvement in the use of her communication 
devices. Ms. Tolliver's classroom has a daily routine and schedule of activities which allow K. to work on improving 
communication and on her physical therapy needs. The other students in the class are age-appropriate for K. Ms. Tolliver's 
classroom has equipment needed for K.'s physical therapy such as a water bed, side Iyer and swing, as well as other adaptive 
equipment (Respondent's Exhibit # 38, 39 and 40). K. is capable of being out of her wheelchair several times a day to be 
repositioned and to work on her motor skills. Ms. Tolliver works directly with K. on range of motion activities each 
morning. Mike Slingerland, Physical Therapist, trained Ms. Tolliver in the range of motion activities. Ms. Tolliver's class 
takes field trips during the school year which expwse her students to the community. Her classroom also has main streaming 
and reverse main streaming opportunities within the high school. 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1863 



CONTESTED CASE DECISIONS 



31. Based upon the observations of Charlotte Gregory, K.'s teacher at Benson Elementary School over the past 
several years, K. has a decreased level of alertness. Formerly, K. would smile and open her eyes during the school day. 
In the last school year, K. would sleep for much of the school day and did not appear as responsive when working one-on- 
one with the teacher. In her class there are eight students with one teacher assistant. The other students in the class are 
learning pre-academic skills and are at a very different level than K. K. is not able to participate directly in any of the 
classroom instruction as she is working on different skills than the other students. K. is also significantly older than the other 
students in this class. 

32. Ms. Gregory is not qualified to provide K. with the kind of stimulation she needs. Ms. Gregory does not 
have experience working with switches and communication devices. She has tried to use some switches with K. K. would 
benefit from a teacher with particular experience in that area. K. is not able to get out of her wheelchair for extended 
periods of time in Ms. Gregory's class because the young mobile students in the class present a danger to K. when she is 
on the floor on a mat. 

33. Michael Slingerland is working with K. He observed an increased level of alertness from K. while she 
was in Ms. Tolliver's class. Mrs. Tolliver's class allows K. to be out of her wheelchair and to work on range of motion 
activities that are important for her physical development. Based on Mr. Slingerland's observations of the two classrooms, 
Ms. Tolliver's class was judged much more appropriate for K. than Ms. Gregory's. 

34. The evidence presented indicates that the classroom proposed by Respondent for K. at Smithfield-Selma 
High School offers a trained, experienced teacher, opportunities for growth in methods of communicating her needs, range 
of motion activities, physical therapy activities, and interaction with age-appropriate regular and special needs peers. During 
K.'s short time as a student in the SVP classroom she demonstrated slow progress in use of switches to communicate her 
needs and she demonstrated increased alertness. 

Based upon the foregoing Stipulations and Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. The IDEA, 20 U.S.C. 1400 et seq.. is the federal statute governing education of students with disabilities. 
The federal regulations promulgated under the IDEA are codified at 34 C.F.R. Parts 300 and 301. 

2. The controlling state law for students with disabilities is Chapter 115C Article 9 of the North Carolina 
General Statutes. 

3. The Office of Administrative Hearings has jurisdiction to hear this contested case pursuant to IDEA and 
Chapter 115C. 

4. K. is a student with a disability for purposes of the IDEA and Chapter 115C and is entitled to special 
education and related services in Respondent's school system. 

5. Respondent is required under federal and state law to make available special education and related services 
to K. and to offer her a free appropriate public education as that term is defined under the IDEA and state statutes. 

6. There is no requirement under state and federal laws governing special needs students to placement of a 
student at his or her neighborhood school but is a factor to be considered in school placement. 

7. Respondent's proposed placement in a SVP class at the Smithfield-Selma High School is an appropriate 
setting in which to provide K. with a free appropriate public education in compliance with the IDEA and N.C. Gen. Stat. 
115C-106 et seq. 

8. Based upon a combination of factors including the quality of the SVP classroom with adaptive equipment, 
the quality of the SVP curriculum and the quality' of the teachers and assistants, the school placement at the Smithfield-Selma 
High School is highly appropriate to meet K.'s educational needs." 



"This conclusion of law was not made without giving due consideration to the Petitioners' preference of 
having K.'s placement in her neighborhood school. 

1864 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



9. G.S. 115C-108 defines transportation of handicapped children as a related service. The present mode, 
length and conditions of transportation must be closely monitored to ensure K.'s safety and medical well-being during 
transportation to and from school. In the event of medically documented adverse effects to K., Respondent should 
immediately modify the transportation service (as a related service) to cure any adverse effects or change K.'s school 
placement if K.'s health is placed in jeopardy. 

10. Respondent's school placement is deemed appropriate only so long as direct and reasonable transportation 
is provided to K. from her home to Smithfield-Selma High School. 

11. The Petitioners have the continuing right to request review of K.'s lEP based upon K.'s most recent 
educational experience. After review of the present record and evidence, the undersigned believes (and has legally 
concluded) that K.'s school placement is appropriate. This determination is only for the current lEP and does not restrict 
the parents firom challenging fumre lEP school placement. Respondent School System has in the past always listened to the 
Petitioners' concerns but in the present case holds a legitimate differing view of placement for K. 

Based upon the foregoing Stipulations, Findings of Fact and Conclusions of Law, the undersigned makes the 
following: 

FINAL DECISION 

Respondent's school placement of K. in the SVP classroom at Smithfield-Selma High School is appropriate as that 
term is used in state and federal laws governing services to special needs students. 

NOTICE 

In order to appeal this Decision, the person seeking review must file a written notice of appeal with the North 
Carolina Superintendent of Public Instruction. The written notice of appeal must be filed within thirty (30) days after the 
person is served with a copy of this Decision. G.S. 115C- 116(h) and (i). 

This the 11th day of February, 1997. 



Julian Mann, III 

Chief Administrative Law Judge 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1865 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COL'NTV' OF BL'NCOMBE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 EHR 0108 



NORTH BLTsCOMBE ASSOCIATION OF 
CONCERNED CITIZENS, INC.. SUCCESSOR 
TO THE FLAT CREEK L>INCORPOR.ATED 
ASSOCIATION OF CONCERNED CITIZENS; GARY 
HENSLEV. PRESIDENT OF THE CORPOR.4TION; 
ANT) GARY HENSLEY, INDIVIDUALLY, ANT) 
WIFE, DEBBIE HENSLEY 
Petitioners, 



NORTH CAROLINA DEPARTMENT OF 
ENTIRON^IENT, HEALTH, AND NATITI^AL 
RESOLTtCES; ANT) A. PRESTON HOWARD, JR., 
DIRECTOR, DIVISION OF ENVIRON^IENTAL 
MANAGEMENT, AND VUT.CAN MATERIALS 
COMPANT, 

Respondents. 



RECOMMENT)ED DECISION 
OF ADMINISTRATIVE LAW JLT)GE 



THIS MATTER coming on to be heard and being heard before the undersigned duly appointed administrative law 
judge pursuant to the provisions of Chapter 150B and the Rules of Contested Case hearings in the offices of administrative 
hearings, and the court ha\ing conducted its hearing in accordance with the provisions of N.C.G.S. 150B-25 and received 
evidence in accordance therewith, does hereby make the following RECOMMENDED DECISION pursuant to the provision 
of N.C.G.S. § 150B-34 and in accordance therewith makes the following: 

FINDINGS OF FACT 

1. That the North Buncombe Association of Concerned Citizens, Inc. is a non-profit corporation, incorporated 
under Chapter 55A of the General Statutes of the State of North Carolina, and is the successor to the Flat Creek 
Unincorporated Association of Concerned Citizens, and its members represent the general civic, social, recreational, 
environmental and public health perspective of North Buncombe County, and specifically, the area known as Flat Creek, 
and its membership includes individuals who reside immediately adjacent to and in close pro.ximity of the 99 acre tract of 
property wherein Vulcan Materials Company has proposed to situate a mine and quarry operation located in the Flat Creek 
Township of Buncombe County. 

2. That Gary Hensley and wife, Debbie Hensley, are citizens and residents of Buncombe County, North 
Carolina, and own propen\' which adjoins the 99 acre tract herein described. 

3. That the Respondent, North Carolina Department of Environment, Health and Natural Resources, Division 
of Environmental Management, is a principal Department of the State of North Carolina, which as a department and through 
its divisions and sections is primarily charged with enforcing State, and in many cases, federal law regarding the 
environment, including processing of NPDES applications and determmation of whether the NPDES permits should be issued 
pursuant to statutory law contained in Anicle 21, Chapter 143 of the North Carolina General Statutes and regulations 
promulgated thereunder. ' 

4. That Vulcan Materials Company is a New Jersey corporation, which is authorized to do business in the 
State of North Carolina, with its registered agent being Prentice Hall Corporation, 1300 St. Mary's Street, Raleigh, NC 



'Stipulalion 



1866 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



27602.- That Mr. Mike Poplin, an environmental engineer of Vulcan Materials CompaiJy, was the person at Vulcan 
Materials Company that was responsible for completing the 1992 NPDES permit.'' 

5. That on or about the 15th day of June, 1987, the Respondent, Vulcan Materials, Inc., made application 
to the then Department of Natural Resources and Community Development, Division of Land Resources, for a mining 
permit.' Thereafter, on or about the 18th day of April, 1988, the Department of Natural Resources and Community 
Development issued to Vulcan Materials Company a mining permit.' 

6. On or about the 30th day of March, 1992, Vulcan Materials Company applied to the North Carolina 
Department of Natural Resources and Community Development, Division of Environmental Management, to renew its 
previously issued NPDES Permit No. NC0071714.' Vulcan had originally applied for the NPDES permit in March of 198'^. 

7. That in applying for the renewal of the requested permit, as hereinbefore referred, the Respondent, Vulcan 
Materials Company, used a "Short Form C" application.' 

8. That thereafter, on or about die 7th day of May, 1992, a "NPDES Staff Report and Recommendation" was 
published and which Report and Recommendation was based upon the application hereinbefore referred to, and which 
concluded that "the permit go to public notice and be reissued accordingly."'" 

9. That on or about the 1st day of July, 1993, a public hearing was held upon the proposed issuance of the 
renewal of the Vulcan NPDES Permit No. NC0071714, during which various objections, including the ones set forth in 
Petitioners' Petition for a Contested Case, were made by various participants attending, including the North Buncombe 
Association and Gary Hensley." 

10. That during the conduct of the public hearing on July 1, 1993, the hearing officer represented to those 
attending that "the public record for Uiis meeting will remain open imtil July 13, 1993, written comments received until that 
date will become part of the record. "'- 

11. On July 13, 1993, Vulcan Materials Company, by and through its attorneys of record, wrote Mr. Steve 
Tedder of the Water Quality Section Chief, Division of Environmental Management, Department of Environment, Health 
and Natural Resources, to the effect that it was Vulcan's understanding that "public comments on the draft permit are due 
today. "'^ 



"Stipulation 

^Page 7, line 14, Mike Piplin Deposition 

■"Page 12. lines 2 through 4, Mike Poplin Deposition 

'Tab 12. Affidavit of Ralph Heath 

''Tab 15. Official Record 

^Tab 2, Official Record 

^Plaintiffs' Exhibit 1 - Colleen Sullins Deposition 

'Tab 2, Official Record 

'°Tab 4, Official Record 

"Tab 20, Official Record 

''Tab 20. page 15 of typed transcript. Official Record 

''Tab 14, Official Record 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1867 



CONTESTED CASE DECISIONS 



12. Three days after the public comment period expired, Vulcan Materials Company, by and through its 
attorneys of record, sent to the Department of Environment, Health and Natural Resources a voluminous letter with 
attachments dated July 16, 1993, and which was received by the water quality section on July 16, 1993, and incorporated 
into the public record.'^ 

A. On July 23, 1993, approximately 10 days after the expiration of the public comment period, Russ 

Willard, who was manager of mining services for Vulcan Materials Company in July of 1993,'^ 
along with Yvonne Bailey met with Mr. Charles Gardner with the North Carolina Department of 
Environment, Health and Natural Resources, and expressed concerns about getting different 
messages from the Division of Land Resources and the Division of Environmental Management 
regarding ground water withdrawals at the proposed quarry site.'* 

13. That an NPDES permit was issued to Vulcan Materials Company on or about the 27th day of August, 
1993. '" 

14. That Vulcan's application for the NPDES permit which is at issue in this case did not involve the use of 
any cooling waters.'* 

15. That Vulcan's application for the NPDES permit which is at issue in this case did not involve the use of 
any cooling tower blowdown.'^ 

16. That Vulcan's application for the NPDES permit which is at issue in this case did not involve the use of 
any boiler blowdown.-" 

17. That Vulcan's application for the NPDES permit which is at issue in this case is an industrial discharge.-' 

18. It is to be expected that the industrial discharge taking place at the proposed Weaverville quarry site by 
Vulcan will contain sand or small particles in the water." 

19. That the NPDES permit which is at issue in this case is an individual and not a general permit.-^ 

20. The standard forms which are referenced in 15A NCAC 2H.0105 are designed for different types of 
discharges. The Court fmds that different types of discharges are likely to have different types of constituents of concern 



"Tab 14, Official Record 

''Page 41, line 10 through 23, Mike Poplin Deposition 

"■Tab 16, Official Record 

'^Tab 1. Official Record 

'*Page 15. line 13 through page 16, line 4. Colleen Sullins Deposition; page 14, lines 21 through 24, 
Mike Poplin Deposition 

"Page 16, lines 5 through 19. Colleen Sullins Deposition; Mike Poplin of Vulcan indicates he was not 
familiar with the term "cooling tower blowdown." Page 16. lines 2 through 4, Mike Poplin Deposition 

-°Page 16, line 21 through page 17. line 16. Colleen Sullins Deposition; Mike Poplin of Vulcan indicates 
he was not thoroughly familiar with the term "boiler blowdown." Page 16. lines 5 through 9, Mike Poplin 
Deposition 

■'Page 19, line 16 through page 20. line 1, Colleen Sullins Deposition 

""Page 23. lines 3 through II, Colleen Sullms Deposition 

"■'Page 29. lines 10 through 12. Colleen Sullms Deposition; Page 13. lines 20 through 22, Mike Poplin 
Deposition 

1868 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



in them. And depending on the potential to impact, the receiving stream to a different level, there is a different form that 
is required to be used.-" 

21. The Department of Environment, Health, and Natural Resources is not aware that it has specifically 
reviewed and approved the proposed settling ponds at the proposed Weaverville site.-^ 

22. That the official record contains no information with regard to the number of settling ponds which might 
constitute a source of underground percolation, and the total volume used or discharged from thousands of gallons per day 
relative to potential underground percolation with regard to the activities at the Vulcan quarry.-' 

23. Flat Creek is the receiving water stream proposed as a discharge point by Vulcan in its Short Form C 
application. That stream is classified as a Class C receiving stream." 

24. In 1987, Vulcan Materials Company checked "yes" to item 14 with regard to potential discharges.-* In 
1992, that same item number 14 was check "no."-*^ Concern was raised at the public hearing over these discrepancies. '"^ 
It is the policy of the North Carolina Department of Environment, Health and Natural Resources to have the person 
reviewing the application to go through the previous permit file to look at it. The purpose of this would be to insure that 
there is nothing significantly different between applications." Colleen Sullins testified she was not certain of what happened 
between 1987 and 1992 with regard to this discrepancy, and did not know if the Department made any inquiry on the change 
between the 1987 application form and the 1992 application form.^- Mike Poplin of Vulcan Materials Company testified that 
he did not speak to anyone about this discrepancy." 

FINDINGS OF FACT RELATIVE TO STANDARD FORM - SHORT FORM C 

25. The Court finds as a fact that the Standard Form C requests the following information which is not 
requested on a Short Form C: 

A. Item 4 on Standard Form C requests previous application information.-" 

B. Item 5 on Standard Form C requests information with regard to ownership of the facility which 
is information that is not requested on the Short Form C.^^ 

1 . Vulcan Materials Company does not know it if submitted any information with regard to 



■"Page 34, lines 22 through 25: page 35, lines 12 through 23, Colleen Sullins Deposition 

-'Page 45. lines 14 through 21, Colleen Sullins Deposition 

-'See Standard Form C, item 9, "Underground Percolation" 

-'Page 50, line 14 through page 51, line 5, Colleen Sullins Deposition 

■'Plaintiffs' Exhibit 1, Colleen Sullms Deposition 

■'Plaintiffs' Exhibit 2, Colleen Sullins Deposition 

■'"lab 19, transcript of July 1, 1993 public hearing, page 4 

""Page 11, line 18 through page 12. line 4, Colleen Sullins Deposition 

■'"Page 62, line 9 through page 64, line 6, Colleen Sullins Deposition 

"Page 25, lines 7 through 18, Mike Poplin Deposition 

^"Page 37, lines 3 through 10, Colleen Sullins Deposition 

^'Page 37, lines 14 through 24, Colleen Sullins Deposition 

11:24 NORTH CAROLINA REGISTER March 14, 1997 1869 



CONTESTED CASE DECISIONS 



ownership of the facility. '* 

Item 8 on Standard Form C requests specific mformation relative to average volume per day and 
thousands of gallons per day for non contact cooling, boiler feed water, process water, sanitary 
water, and "other." The Short Form C, rather than requesting specific average gallons per day 
only requests information on ranges of gallons per day and stops at a maximum of 50,000 gallons 



1. Vulcan checked the category "process water" in its Short Form C application which 
contained the "Fifty Thousand Gallons or more," but not the specific information 
requested on a Standard Form C.-' 

2. Vulcan checked the category "sanitan' water" but did not check that same category in 
1992." 

3. Timothy Knopf of the Vulcan Corporation completed the 1987 application, but Mike 
Poplin of Vulcan Materials Company does not recall discussing the two applications with 
him at the time Poplin completed the 1992 application.*' 

D. Item 9 on Standard Form C requests information on the number of discharge points, and there are 
more potential discharge locations listed on the Standard Form C than on the Short Form C.'" 

1 . The only information submitted by Vulcan with regard to the information requested in 
the Standard Form C, item 9, was surface water. ■*- 

2. Item 9, Standard Form C, also seeks information with regard to underground percolation. 
Mike Poplin of Vulcan indicates its a standard practice for Vulcan to use settling ponds, 
but he does not have adequate information to know if there is a potential for water to 
infiltrate into the ground water from a settling pond."'-' 

E. Item 10 of the Standard Form C requests all information on existing, pending or denied permits 
and that information is not requested in the Short Form C."" 

F. Item 1 1 of the Standard Form C requests maps and drawings incident to water flow and location 
maps. Short Form C does not require that information.''' 



'"Page 19. lines 12 through 24, Mike Poplin Deposition -- Official Record in case has no information on 
ownership of facility, whether public or private. 

' E.xhibit 2. Colleen Sullms Deposition: Exhibit 5. Colleen Sullins Deposition; Page 39. line 19 through 
page 40, line 5, Colleen Sullins Deposition; page 41 line 19 through page 42 line 17, Colleen Sullins Deposition 

■'^Page 21. line 6 through page 22. line 9, Mike Poplin Deposition; Tab 2. Official Record 

■"Page 22, line 23 through page 24. line 11. Mike Poplin Deposition 

■'''Page 23. line 15 through page 24. line 11. Mike Poplm Deposition 

■"Page 45. line 2 through 6, Colleen Sullins Deposition 

■"'Page 25. line 19 through page 26. line 8. Mike Poplin Deposition 

■"^Page 26, line 9 through page 27. line 9. Mike Poplin Deposition 

""Page 48, lines 10 through 13. Colleen Sullins Deposition 

■"^Page 48. line 14 through page 49, line 14. Colleen Sullins Deposition 

1870 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



1. Vulcan Materials Company representative, Mike Poplin, indicates the 1992 renewal 

application submitted by Vulcan did not contain any drawings as an attachment. He is 
also not aware of any engineering reports that were submitted to the State of North 
Carolina incident to the 1992 NPDES renewal application.^ 

G. Section 2, item 3 of the Standard Form C requests all engineering reports, if available to the 

reviewing agency. None were submitted by Vulcan Materials Company in this case." 
Additionally, the Short Form C does not request engineering reports.^* 

1. Mike Poplin of the Vulcan Materials Corporation indicates he is not aware of any 

engineering reports that were submitted to the State of North Carolina."" 

H. Section 2, item 10 of the Standard Form C requests the average volume per discharge occurrence 

in thousands of gallons and requests specific information on that item. The Short form C, 
however, does not request specific numerical volume.'" 

1. Vulcan Materials Company did not supply any information with regard to hours per 

day. 5' 

I. Section 2, items 1 1 (a) and (b) of the Standard Form C, section 2, also requests information on 

intermittent discharge in terms of average hours per day and average occurrences per day which 
is more specific information than is requested on item 9 of the Short Form C." 

1. The official record contains no such specific information. 

J. Section 2, item 12 of the Standard Form C requests information for the ma,\imum period of flow 

of each discharge and that type of specific information is not requested on the Short Form C." 

1. Mike Poplin of Vulcan Materials testified that the 1992 renewal application listed no 

gallons per operating day subject to other influences dependent upon seasonal and weather 

influences.^'' 

K. Section 2, item 14 of the Standard Form C requests information with regard to standard industrial 

classification codes. Item 7 of Short Form C does not request any standard industrial code.'' 

1. Section 2, item 14 of the Standard Form C. also requests maximum amount of raw 



■"Page 27, line 23 through page 28. line 22. Mike Poplin Deposition 

■"Page 51. lines 17 through 24. line 11. Colleen Sullins 

■''Plaintiffs' Exhibit 2. Colleen Sullins Deposition 

■"Page 28, lines 19 through 22, Mike Poplin Deposition 

'"Page 52. lines 14 through 25, Colleen Sullins Deposition 

"Page 30. lines 7 through 8, Mike Poplin Deposition 

''Page 53. lines 3 through 10. Colleen Sullins Deposition 

'■'Page 53. lines 11 through 16. Colleen Sullins Deposition 

'■"Page 30. line 24 through page 31, line 14. Mike Poplin Deposition; The Official Record contains no 
information with regard to maximum flow period from month to month. 

"Page 54. line 13 through page 55. line 6, Colleen Sullins Deposition 
11:24 NORTH CAROLINA REGISTER March 14, 1997 1871 



CONTESTED CASE DECISIONS 



materials and products discharged per day. That type of information is not requested on 
the Short Form C. Such specific information is not contained in the Official Record. 

2. Vulcan Materials Company never supplied any information relative to SIC code 

references in the 1992 renewal application and in fact did not know what, if any, relevant 
SIC codes had with regard to effluent limitations.'* 

L. Section 2, item 15 of the Standard Form C requests information on waste abatement practices and 

waste abatement codes and that type of information is not requested in a Short Form C." 

1. Mike Poplin of the Vulcan Corporation testified that he did not know what a waste 

abatement practice was in the context of this application.'* 

M. Section 2, item 16 of the Standard Form C contains a comprehensive listing of constituents which 

may be present in an effluent discharge. While the Short Form C contains a listing of some of 
these constiments, it does not contain the comprehensive list of potential waste water characteristic 
constituents which are present in item 15, section 2, of the Standard Form C and that information 
is not requested on the Short Form C.-' 

1. Vulcan Materials Company did not submit any other information with regard to what 

water characteristic constituents would be present other than what was checked under 
"no" under item 14 of the Short Form C application.** 

N. Section 2, item 17 of the Standard Form C requests particular information regarding influent and 

effluent parameters. That type of specificity is not required in a Short Form C.*' 

1. Other than the general information provided in flow gallons per day in item 10 of the 

Short Form C, Vulcan Materials Company did not provide information to the State of 
North Carolina with regard to the other parameters listed. " 

O. Section 2, item 18 of the Standard Form C requests various information on plant controls. This 

type of information requested in this section of the Standard Form C is not requested in the Shon 
Form C." 

1. Mike Poplin of Vulcan Materials Company indicated he was not aware of any 

information being submitted subsequent to or in support of the application that pertains 
to alternate power sources, alarms or emergency procedures." 

P. Section 2, item 19 of the Standard Form C requests information on water treatment additives. The 



"Page 32, lines 4 through 1 1, Mike Poplin Deposition 

'^Page 60, line 22 through page 61, line 9, Colleen Sullins Deposition 

'^Page 33, lines 6 through 17, Mike Poplin Deposition 

''Page 61, line 10 through page 62, line 8, Colleen Sullins Deposition 

^"Official Record, tab 2; Page 33. line 18 through page 34, line 16, Mike Poplin Deposition 

"Page 64, line 23 through page 67. line 7, Colleen Sullins Deposition 

'"Page 34, line 25 through page 36, line 21. Mike Poplin Deposition 

"Page 68, lines 17 through 21, Colleen Sullms Deposition 

*^Page 37. line 6 through page 38, line 4, Mike Poplin Deposition 

1872 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



Short Form C does not request that type of information 



65 



1. Vulcan Materials Company's representative Mike Poplin testified he was not aware of 

any information being submitted with reference to water treatment additives.'* 

Q. Section 2, item 21 of the Standard Form C requests information on the discharge / receiving water 

temperature difference. That type of information is not requested on the Short Form C." 

1. Mike Poplin of Vulcan Materials Company testified that the 1992 NPDES application or 

other information submitted by Vulcan would have addressed any of the questions 20 
through 25.*^ 

R. Section 2, item 22 of the Standard Form C requests information on discharge temperature and rate 

of change per hour and that type of information is not requested on the Short Form C' 

1. Mike Poplin of Vulcan Materials Company testified that the 1992 NPDES application or 

other information submitted by Vulcan would have addressed any of the questions 20 
through 25.™ 

S. Section 2, item 24 of the Standard Form C requests information on water intake velocity. That 

type of information is not requested on a Short Form C.^' 

1. Mike Poplin of Vulcan Materials Company testified that the 1992 NPDES application or 

other information submitted by Vulcan would have addressed any of the questions 20 
through 25.'= 

T. Section 2, item 25 of the Standard Form C requests information on retention time from the start 

of water temperature arise to discharge of cooling water. That type of information is not 
requested on a Short Form C.''^ 

1. Mike Poplin of Vulcan Materials Company testified that the 1992 NPDES application or 

other information submitted by Vulcan would have addressed any of the questions 20 
through 25.'-' 

U. Section 3 of the Standard Form C requests information on waste abatement requirements and 



^^Page 68. line 22 through page 69. line 1. Colleen Sullins Deposition 

"^Page 38. lines 5 through 8. Mike Poplin Deposition 

''Page 70, lines 8 through 12, Colleen Sullins Deposition 

*'Page 38, lines 9 through 18. Mike Poplin Deposition 

''Page 70. lines 13 through 16, Colleen Sullins Deposition 

™Page 38. lines 9 through 18. Mike Poplin Deposition 

"Page 71, lines 8 through 10, Colleen Sullins Deposition 

'■^Page 38, lines 9 through 18, Mike Poplin Deposition 

''Page 71, lines 16 through 20, Colleen Sullins Deposition 

'■"Page 38. lines 9 through 18, Mike Poplin Deposition 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1873 



CONTESTED CASE DECISIONS 



75 



implementation. That type of information is not requested on a Short Form C. 

1. Mike Poplin of Vulcan Materials Company testified that he was not familiar with the 

term "waste abatement facilities as they relate to the Vulcan operations in the permitting 
that he customarily handles.'* 

26. That Petitioner Hensley and other Concerned Citizens own interest in real property within a one mile radius 
of the proposed quarry, which property values will be adversely affected by the proposed discharge permitted by the NPDES 
permit at issue in this case. 

27. There e.xists a discrepancy in Item 14 of the 1987 Shon Form C and the 1992 Short Form C submitted by 
Vulcan Materials Company to the Respondent Department. 

That based upon the foregoing Findings of Fact, the Court herein makes the following: 

CONCLUSION OF LAW 

1. That the NPDES pjermit which was the subject of the renewal application made by Vulcan was associated 
with its proposed mining activities at its proposed Weaverville, North Carolina site. 

2. That the mine proposed by Vulcan constitutes a "mine" as that term is defined and used in N.C.G.S. 
74-24.2(7) of the North Carolina Mining Act, Chapter 74, of the North Carolina General Statutes. 

3. That the issuance of NPDES permits are controlled and governed by the terms of Article 21, Chapter 143, 
of the North Carolina General Stamtes entitled "Water and Air Resources." It is the policy of the State of North Carolina, 
as defined in N.C.G.S. 143-211, that the water and air resources of the State belong to the people of the State of North 
Carolina, and that the standards of water purity are to be designed to protect human health, prevent injury to plant and animal 
life, and to prevent damage to public and private property. 

4. As set forth in N.C.G.S. 143-215.1(0(1), all applications for NPDES permit or for renewal of the same 
are to be in writing. Further, it is stated that the environmental management commission "may prescribe the form for such 
applications." 

5. Pursuant to said authority, the commission has prescribed the necessary forms to be used pursuant to 15A 
NCAC 2H. 0105(a). 

6. One form to be used in coimection with applying for the renewal of an NPDES permit is a standard form 
C. Pursuant to the provisions of the above referenced rule, the standard form C is to be used for: 

All primary industries as listed in 40 CFR 122.21, appendix A, and all other industrial process 
and commercial discharges e.xcept cooling waters, cooling tower blow down, and boiler blow 
down. 

7. Cooling waters, cooling tower blow down, and boiler blow down are to use the "Short Form C" as 
prescribed in 15A NCAC 2H. 0105(a). 

8. The activity which Vulcan proposes to conduct during its mining operation does not constitute the use of 
cooling waters, a cooling tower blow down, or a boiler blow down as those terms are used in 15A NCAC 2H. 0105(a). 

9. That the acti\'ity to be conducted by Vulcan in its mining activities at the Weaverville quarry site constitutes 
an industrial process as that term is used in 15A NCAC 2H. 0105(a). 

10. The standard forms which are referenced in 15A NCAC 2H.0105 are designed for different types of 



^^Page 71. line 21 through page 72. line 2. Colleen Sullins Deposition 
^'Page 39, lines 6 through 17. Mike Poplin Deposition 



1874 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



discharges. One of the purposes of Article 21, Chapter 143 is to ensure that minimum standards of water quality are met. 
The Environmental Management Commission has established rules, marked Exhibit 4 to Colleen Sullins deposition, to assist 
it in assuring that these minimum water quality standards will be met. Different types of information are requested in 
different types of forms because different types of discharges are likely to have different types of constituents of concern 
in them. And depending on the potential to impact, the receiving stream to a different level, there is a different form that 
is required to be used.^^ 

11. 15A NCAC 2H. 0105(a) is dispositive on which form should be used in association with an application for 
an NPDES permit. The substantive requirement of using a Standard Form C is governed by 15A NCAC 2H. 105(a) and 
therefore, the "Short Form C" which contains the language "to be filed only by persons engaged in manufacturing and 
mining" would not be a "rule" as is clearly defined in N.C.G.S. 150B-2(8a)(d) which clearly states that a "rule" does not 
include a form, the contents or substantive requirements of which are prescribed by rule or statute. 

PUBLIC HEARING 

12. The public hearing held on July 1, 1993 in this matter was held pursuant to the provisions of N.C.G.S. 

143-215. 1(c)(3). 

13. Once the hearing was completed in this matter on July 1, 1993, the hearing officer stated that the public 
record would remain open until July 13, 1993. The submission of the materials by Vulcan on July 16, 1993, and the 
acceptance by the Department of those materials three days after the expiration of the public coinment period as prescribed 
by the hearing officer violated the Department's ruling on that issue. 

14. The Petitioners in this matter are afforded the rights of minimum water quality standards as is the policy 
of this State as embodied in N.C.G.S. 143-211, and the substantive water quality standards promulgated pursuant to Article 
21 of Chapter 143. Further, the Commission in this matter had the responsibility to assess the information which was called 
for by the appropriate forms in order to ensure that minimum water quality standards were met so that the Petitioners in this 
matter could be satisfied that all water quality standards associated with this type of industrial activity were met. 

15. In addition to the rights of the Petitioners herein to minimum water quality standards and to have an 
adequate assessment made of whether those standards are being met, the Petitioners in this matter had the right, at the 
public hearing, to participate in that public hearing at a meaningful time and in a meaningful 
manner. Goldberg v. Kelly , 397 U.S. 254, 25 L.Ed. 2d 287, 299, 90 S.Ct. 1011 (1970) 

16. During the public hearing in this matter, the Petitioners were deprived of their right to participate in a 
meaningful manner given the fact that: 

a. The Standard Form C, which requires substantially more detailed information than is 
required in a Short Form C, was not used for this type of industrial activity and therefore, the 
Petitioners could not evaluate that information; and 

b. The agency in this case failed to follow its own rules by allowing Vulcan Materials 
Company to submit information made part of the public record following the closure of the public 
comment period. 

17. N.C.G.S. 143-211 extends to the Petitioners who fall within the zone of those to be protected and regulated 



This conclusion of law is bolstered by the Department's representative's sworn testimony as contained 
on page 34, line 22 through page 35, line 23, Colleen Sullins Deposition. 

11:24 NORTH CAROLINA REGISTER March 14, 1997 1875 



CONTESTED CASE DECISIONS 



by Article 21 of Chapter 143 and the rules and standards promulgated pursuant thereto, and the substantive and procedural 
requirements which the Agency violated when it issued this permit by using the incorrect form in violation of Title 15A, 
subchapter 2H of the North Carolina Administrative Code and the procedures used with respect to the public hearing and 
public comment period. Empire Power Co. v^ N.C. Dept. of E.H.N.R. . 337 N.C. 569, 589 (594) 

18. The Petitioners in this matter have a sufficient geographical nexus to the proposed discharge site of the 
challenged mining project that they can be expected to suffer whatever environmental consequences the project might have. 
State of Tennessee v^ Environmental Management Commission , 78 N.C. App. 763, 766-67, 338 S.E.2d 781, 783 

19. Further, the Petitioners herein sustained a "procedural injury" which was implicit in the agencies failure 
to follow its own rules in using the appropriate Standard Form C which required substantially more detailed information 
relative to the nature and quality of the discharge proposed by Vulcan into Flat Creek. Orange County y^ D.O.T. . 46 
N.C. App. 350, 360-361 (1980j 

Based the foregoing Findings of Fact and Conclusions of Law, it is now, therefore, recommended to the Agency 
as follows: 

1. That NPDES permit number NC0071714 be declared invalid and of no effect. 

2. That upon any subsequent application by Vulcan Materials Company for an NPDES permit for the proposed 
Weaverville quarry site that a Standard Form C should be used. 

ORDER 

IT IS HEREBY ORDERED that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this Recommended Decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the Environmental Management Commission. 

This the 3rd dav of Februarv, 1997. 



Sammie Chess, Jr. 
Administrative Law Judge 



1876 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF BUNCOMBE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 OSP 0368 



THOMAS M. HUGHES, 
Petitioner, 



NORTH CAROLINA STATE BUREAU OF 
INVESTIGATION, DEPARTMENT OF JUSTICE 
Respondent. 



RECOMMENDED DECISION 



This matter was heard before Brenda B. Becton, Administrative Law Judge, on October 14 and 15, 1996, in 
Asheville, North Carolina. At the conclusion of the hearing, the parties were afforded an opportunity to file written post- 
hearing submissions. 

APPEARANCES 

For Petitioner: LONG, PARKER & WARREN, P. A., Attorneys at Law, Asheville, North Carolina; Kimberly A. Lyda 
appearing. 

For Respondent: John H. Watters, Special Deputy Attorney General, N.C. Department of Justice, Raleigh, North Carolina. 

ISSUES 

1 . Whether the Respondent's failure to select Petitioner for inclusion in the 25th SBI Academy was the product 
of age discrimination. 

2. Whether the Respondent improperly failed to accord Petitioner a state employee preference as set forth in 
126-7. 1(c). 

STATUTES AND RULES INVOLVED 

N.C. Gen. Stat. §126-7. 1(c) 
N.C. Gen. Stat. §126-36 

EXHIBITS 

The following exhibits offered by the Petitioner were received in evidence: 

PI. Excerpts from the North Carolina State Personnel Manual. 

P2. Application, interview score sheets and writing sample of Thomas M. Hughes. 

P3. Application, interview score sheets and writing sample of Julie Grant, a member of the 25th SBI Academy Class 

and field agent. 
P4. North Carolina State Bureau of Investigation Policy Manual, Section 1, pps. 1-17. 
P5. Administrative Order No. 94-4 from Director James J. Coman, Re: Special Agents Selection Process. 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1877 



CONTESTED CASE DECISIONS 



P6. Thomas Hughes' Personnel File. 
P7. Thomas Hughes' Performance Rating for 1992. 
P8. Thomas Hughes' Performance Rating for 1993. 
J>9. Thomas Hughes' Performance Rating for 1994. 
PIO. Rejection letter from Charles J. Overton, III to Thomas Hughes. 

Pll. Applications, interview score sheets and writing samples of the following persons who were accepted into the 25th 
SBI Academy class: Amy Blanton, John Byrd, Daniel T. Castillo, Cecil V. Cherry, III, Karen Donnald, R. Eric 
Goodman, Frederick R. Hetzel, II, Errol D. Jarmen, Daniel E. Kaplan, Carl Ann Marshbum, Mark R. Parker, 
Kanawha Perry, David Santora, Robert J Vehe, Jr., Michael Scott Williams, Phillip V. Wyrm. 
P12. Report of Captain Lee Famsworth. 
P14. Thomas Hughes" Petition for a Contested Case Hearing. 

The following exhibits offered by the Respondent were received in evidence: 

Rl. N.C. Dept. of Justice Grievance Procedure. 

R2. Letter from Thomas Hughes to Gayle Green dated March 10, 1995. 

R3. Letter from Nancy Kiesenhofer to Thomas Hughes dated March 21, 1995. 

FINDINGS OF FACT 

From official documents in the file, swom testimony of the witnesses, and other competent and admissible evidence, 
it is found as a fact that: 

1. Petitioner was employed as a Training Specialist by the Department of Justice, Division of Criminal Information 
(hereinafter referred to as "DCI") during the times relevant to this action. 

2. Petitioner's employment as a DCI Traming Specialist with the SBI was based in Asheville, North Carolina; and 
Petitioner was and currently is a resident of Buncombe County, North Carolina. 

3. Petitioner, a career state employee as defmed in N.C. Gen. Stat. §126-1A(1), applied for a position as a field agent, 
"Special Agent I," in the 25th SBI Academy in September of 1994. 

4. Qualifications for selection as a field agent member of the 25th SBI Academy were as follows: 

a. Having high moral character and personal integrity; 

b. Not having been convicted of serious crime or felony: 

c. Having a four year degree from a resident college; 

d. Being at least age 21; 

e. Being a citizen of the United States; 

f. Holding or being eligible for a valid North Carolina driver's license; 

g. Not having any physical or psychological disabilities that would affect the duties of a Special Agent; 
h. Not having received a dishonorable discharge from the military; 

i. Not having a current unsatisfactory credit record; 

j. Not having an unacceptable prior employment record; 

k. Not having an alcohol abuse problem; 

1. Not having recently used illegal drugs; 

m. Not having a current unacceptable driver's license; 

n. Passing a polygraph examination; 



1878 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



o. Passing a physical and psychological assessment; 

p. Consenting to an extensive personal background check; 

q. Accepting permanent and/or temporary assignment anywhere in the State. 

5. Successful completion of the SBI Academy is a mandatory requirement for employment with the SBI as a Special 
Agent. 

6. There were between 700 and 800 applications for the thirteen field agent positions available for the 25th SBI 
Academy. 

7. These applications were screened by SBI persoimel for general qualifications and 80 candidates were selected for 
interview. Petitioner was one of 80 candidates selected for an interview. 

8. Interviews were conducted by two review boards. These boards were each led by a Special Agent in Charge and 
contained four other Special Agents assigned to the field. 

9. Each review board interviewed approximately 40 candidates. They asked standard predetermined questions of each 
candidate but had the latitude to ask follow up questions as deemed necessary. 

10. Each member of both review boards was directed to uniformly rate each candidate on a scale of to 10, with 
being the lowest score possible. 

11. At the conclusion of each interview, the candidate was given a writing test which was scored and factored, along 
with the interview score, into a total score. 

12. The top 25 scoring candidates proceeded to the next stage of the selection process which included physical and 
psychological evaluations, a polygraph examination and an extensive background check. 

13. A standard line of inquiry for all candidates for field agents positions concerned the willingness of the candidate 
to accept assignment anywhere in North Carolina. 

14. On Petitioner's application for employment (Petitioner's Exhibit P2), was the following question: 

Will you accept work anywhere in North Carolina? Yes No (If no, list below the counties in 
which you would be willing to work.) 

15. Petitioner answered yes to the above question and then, contrary to the instructions, listed Madison, Buncombe, 
Haywood, Henderson and Rutherford as counties where he would be willing to work. 

16. Petitioner is a longtime resident of Buncombe County and the other four counties listed on the application are 
contiguous to Buncombe County. 

17. Petitioner was questioned about his willingness to work anywhere in North Carolina. The members of Petitioner's 
review board noted the incongruity in his application answer concerning his willingness to work anywhere in North 
Carolina. 

18. During the interview. Petitioner volimteered that he was a longtime resident of Buncombe County, that his wife was 
an Assistant Principal with the Asheville City School System for twenty years and that they had one child. 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1879 



CONTESTED CASE DECISIONS 



Petitioner also stated his most important decision in life was to get married. 

19. Petitioner expressed reservations to the review board about moving because his family was so important to him. 

20. Petitioner testified that if the position was anywhere other than Western North Carolina, he would have to think 
about whether he would accept the position. 

21. Petitioner received the following interview scores: 8.5, 8.0, 7.0, 7.0, 6.5. 

22. Petitioner's combined interview and writing sample score was 81. 

23. Among Petitioner's qualifications for the position Special Agent were: his 18 years experience with the SBI as a 
DCI Training Specialist; his educational background, which included a bachelor's degree in history from U.N.C.A. 
and Basic Law Enforcement Certification (which requires over 500 hours of course work in law enforcement); and 
his work experience as a Reserve Officer for the Buncombe County Sheriffs Department. Petitioner testified that 
he also had served as a Reserve Officer with the Asheville Police Department for a number of years, but did not 
include this work experience on his application for employment as SBI Special Agent. Petitioner has also served 
in the military reserves for a number of years, and was retired from the reserves. 

24. The Director of the SBI, James J. Coman, made the final selection of each of the candidates ultimately accepted 
into the Academy class. A number of the top 25 scoring candidates from the interview stage were not ultimately 
accepted into the Academy for a variety of reasons. At one point in the selection process, there was one slot left 
for a non-laboratory, field agent position. Director Coman asked that the next qualified minority applicant be 
selected for that final slot in the Academy. Applicant Julie Grant was selected for this final field agent slot. 

25. Julie Grant, a black female applicant and the last member of the 25th SBI Academy Class to be chosen received 
a cumulative score of 79 from her interview and writing sample score. 

26. Julie Grant was not a state employee at the time of her application. 

27. Julie Grant did not express any reservations about her willingness to be assigned anywhere in the State of North 
Carolina. 

28. Laboratory positions for the 25th SBI Academy were filled by a selection process similar to the field selection 
process but conducted by separate review boards comprised of laboratory personnel. Assignment anywhere within 
North Carolina is not a criteria for laboratory personnel as there are laboratory facilities in only Raleigh and 
Asheville. Positions for the Western Laboratory located in Asheville, are advertised separately so that an applicant 
knows the position posted is for Asheville. 

29. Training SBI personnel at the SBI Academy costs roughly $38,000 per person. 

30. The cost of an applicant leaving during an academy or shortly thereafter goes beyond monetary costs. Academies 
are held when there are sufficient slots to justify an academy. The time between academies is a year or more at 
times. Therefore, an applicant who leaves an academy early or shortly after graduation vacates a slot that cannot 
be filled for a year or more. 

31. Duty assignments for field agents are made at the close of the SBI Academy. 



1880 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



32. The SBI's policy for the assignment of field agents is based upon the needs of the SBI and the fact that no applicant 
is assigned back to the area he or she was living in at the time they were hired. The policy has been in place at 
least since 1970. 

33. The SBI's policy is based upon the Bureau's desire that a recent SBI Academy graduate be assigned to a new area 
so that past associations will not potentially interfere with the performance of duty and to eliminate even the 
potential appearance of impropriety that comes from dealing with friends, relatives and past associates. 

34. The imwillingness of an applicant for the field to be posted anywhere in the State of North Carolina is an automatic 
excluder which disqualifies a candidate from further consideration. 

35. As a result of its policy regarding the posting of field agents anywhere in North Carolina, at the conclusion of the 
review board interview and writing test, the SBI did not consider the Petitioner to be a qualified candidate for 
employment with the SBI. 

36. Evidence that the SBI's policy is uniformly applied can be found in the candidacy of Tressa Paul-Chavis, a black 
female candidate from Florida. Ms. Paul-Chavis was scored 97 on her review board and writing test. She was, at 
the time of her application, a full-time sworn law enforcement officer in Florida and expressed an interest in crime 
scene work, an area of particular need for the SBI. 

37. As one of the top 25 candidates, Ms. Paul-Chavis, during her background investigation, expressed her need to work 
in either Wake or Durham Counties. Her unwillingness to be posted anywhere in the State of North Carolina 
automatically disqualified her as an applicant. 

38. Captain Lee Famsworth, head of personnel administration for the Buncombe County Sheriff's Department, testified 
as an expert in persormel and personnel policies involving law enforcement persoimel. 

39. Captain Famsworth testified that it was his expert opinion that Petitioner was a substantially equally qualified 
candidate for admission to the 25th SBI Academy and for employment as a SBI Special Agent as Julie Grant. 

40. Captain Famsworth based his opinion on the applications, interview score sheets, and writing samples of Petitioner 
and Julie Grant, with the names of Petitioner and Grant redacted. 

41. Captain Famsworth admitted, however, that he did not consider the candidate's willingness to work anywhere in 
North Carolina. Thus, Famsworth did not consider the matter which disqualified Petitioner from further 
consideration. 

42. Famsworth also admitted that because he knew and worked with the Petitioner, and that he based his opinion on 
factors outside the scope of the materials provided to him. Based upon those admissions, Famsworth testified he 
could not be totally objecti\'e about the two candidates. 

43. At no time was Petitioner compared with Julie Grant for the final slot in the 25th SBI Academy because he was no 
longer considered a qualified candidate at the time Grant was selected. 

44. Petitioner, based upon a conversation with Assistant Director Ron Hawley, head of DCI, on January 26, 1995 felt 
age was a factor in his rejection from the 25th SBI Academy. 

45. At the time of Petitioner's application, he was fif\'-two years of age. 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1881 



CONTESTED CASE DECISIONS 



46. Assistant Director Hawley was not directly or indirectly involved in the selection process for the 25th SBI Academy 
Class and no one involved in the selection process discussed the process or Petitioner's application with Hawley. 

47. There were applicants accepted into the 25th SBI Academy Class who were within the protected age group. 

48. At no time did any member of the re\iew board discuss Petitioner's age or in any way hold that agamst him. Indeed, the 
universal feeling of the review board which interviewed Petitioner and other members of the selection process was that 
age and the accompanying life expenence was a benefit to a candidate. 

49. Age was not a factor in Petitioner's rejection from the Academy. 

50. Petitioner was notified by letter, postmarked January 23, 1995, that he was not accepted into the 25th SBI Academy 
Class. 

51. This letter did not state that Petitioner had the right to appeal the decision to not accept him into the 25th SBI 
Academy Class and did not set forth the procedures to be followed to file a grievance or appeal the decision. 

52. Petitioner consulted with counsel and at the request of counsel, sought to obtain a copy of the Department of Justice 
Internal Grievance Procedure on February 22, 1995. 

53. On February 22, 1995, Petitioner located a copy of the Depanment of Justice Internal Grievance Policy behind the 
receptionist's desk at the Asheville Office of the SBI. This copy of the Grievance Policy had been faxed to the 
Asheville Office of the SBI on January 31, 1995. 

54. On February 22, 1995, Petitioner took a copy of die Grievance Policy to his counsel and it contained the department 
grievance procedure and Petitioner's appeal rights. 

55. On March 10, 1995, Petitioner initiated a formal grievance pursuant to the Department of Justice Internal Grievance 
Procedtire, by sending a letter to Gayle Green, Persormel Director, in which Petitioner alleged that Petitioner had 
been denied acceptance into the 25th SBI Academy Class in violation of his statutory right to priority consideration 
as a state employee, pursuant to N.C. Gen. Stat. § 126-7. 1(c) and that his rejection constituted discrimination on 
the basis of Petitioner's age. 

56. On March 21, 1995, Petitioner was notified in writing by letter from his supervisor, Nancy Kisenhofer, that his 
grievance did not comply with the grievance procedures because it was not timely filed. The letter further indicated 
that Ms. Kisenhofer had discussed the decision that Petitioner had not complied with the grievance procedures with 
Personal Director Gayle Green, Assistant Director Ron Hawley and Director James J. Coman. 

57. On April 6, 1995, Petitioner filed a Petition for a Contested Case Hearing with the Office of Administrative 
Hearings. 

58. Respondent filed motions to dismiss and for summary judgment on the grounds that the Petition had not been timely 
filed. Arguments of counsel were heard on this issue in late 1995. 

59. By Order dated December 8, 1995, the imdersigned held that "since the Respondent did not provide the Petitioner 
with notice of his appeal rights and the appeal procedure, it caimot, at this juncture, raise the time limitation as a 
bar to the Petitioner's right to proceed with this contested case hearing," and denied Respondent's motions to dismiss 
and for summary judgment. 



1882 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



60. During the contested case hearing. Respondent, by and through its counsel, moved the Court to dismiss Petitioner's 
case at the conclusion of Petitioner's evidence on the following grounds: 

a. Petitioner's petition for a contested case hearing was not timely filed and was filed before internal 
grievance procedures had been exhausted; 

b. Petitioner had failed to put on any evidence of age discrimination and Respondent was entitled to 
judgment as a matter of law on this issue. 

61. The undersigned reserved ruling on Respondent's motion to dismiss until the close of all the evidence. 

62. At the conclusion of all the evidence, Respondent, through counsel, renewed its motion to dismiss on the grounds 
stated above and also moved to dismiss the claim that Petitioner's priority consideration rights had been violated. 

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following: 

CONCLUSIONS OF LAW 

1. The undersigned has previously denied Respondent's pre-hearing motion to dismiss Petitioner's contested case by 
order dated December 8, 1995. 

2. At the conclusion of the Petitioner's evidence. Respondent once again made a Motion to Dismiss the Petitioner's 
contested case. Said motion was renewed at the close of all the evidence. 

RESPONDENT'S MOTION TO DISMISS FOR FAILING TO TIMELY 

FILE A CONTESTED CASE HEARING AND EXHAUST INTERNAL 

GRIEVANCE PROCEDURES 

3. As set forth in the undersigned's Order of 8 December 1995, both N.C. Gen. Stat. §150B-23(f) and North Carolina 
case law require that the written notice of agency action and appeal rights be provided to a party simultaneously, 
if not in the same document, for the time limitations for employment-related grievances to begin to run. Although 
there is a thirty-day time limitation for the appeal by state employees of their employment related grievances, the 
thirty day time limitation does not begin to run until notice of the agency action and appeal rights is received. Luck 
y^ Employment Security Commission . 50 N.C. App. 192 (1980). Respondent did not provide Petitioner with notice 
of his appeal rights and the appeal procedure, therefore it cannot raise the time limitation as a bar to Petitioner's 
right to proceed on the merits with this contested case. This Court's Order of 8 December 1995 remains the law 
of the case on this issue. 

4. Further, N.C. Gen. Stat. §126-36.2(2) permits a career state employee, like Petitioner, who believes he was denied 
a promotion due to the failure of the agency to give him priority consideration pursuant to N.C. Gen. Stat. §126- 
7.1(c), to appeal directly to the State Personnel Commission. N.C. Gen. Stat. §126-36 permits a state employee 
who has reason to believe a promotion was denied him on the basis of age discrimination also to appeal directly to 
the State Personnel Commission. N.C. Gen. Stat. §126-34.1 permits a state employee to file in the Office of 
Administrative Hearings a contested case for alleged age discrimination and for alleged denial of a promotion for 
failure to give priority consideration. N.C. Gen. Stat. §126-34.1(2) and N.C. Gen. Stat. §126-34.1(5). Petitioner 
was not required to complete internal grievance procedures before filing a contested case with the Office of 
Administrative Hearings in this matter. 

5. Therefore, Respondent's Motion to Dismiss for failure to timely file a contested case hearing and exhaust internal 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1883 



CONTESTED CASE DECISIONS 



grievance procedures is HEREBY DENIED. 

RESPONDENTS MOTION TO DISMISS AGE DISCRIMINATION CLAIM 

6. Respondent's Motion to Dismiss the Petitioner's Claim of Age Discrimination was granted at the hearing as 
Petitioner failed to present any evidence of age discrimination other than Petitioner's "feeling" based upon a 
conversation with DCI Assistant Director Ron Hawley that age was a factor. 

VIOLATION OF N.C.G.S. 126-7. 1 (C) RIGHT TO PRIORITY 
CONSIDERATION FOR CAREER STATE EMPLOYEE 

7. N.C. Gen. Stat. §126-7. 1(c) requires that if a state employee applies for another position of state employment and 
has substantially equal qualifications as an applicant who is not a state employee, the state employee shall receive 
priority consideration over the non-state employee applicant. "Qualifications" within the meaning of N.C. Gen. 
Stat. §126-7. 1(c) is defined in subsection (d) thereof as consisting of: 

(1) training or education; 

(2) Years of experience; and 

(3) Other skills, knowledge, and abilities that bear a reasonable functional relationship to the abilities 
and skills required in the job vacancy applied for. 

N.C.G.S. 126-7. 1(d). 

8. Petitioner was a "career state employee" within the meaning of the preference statute, N.C. Gen. Stat. §126-7.1. 
The position for which Petitioner applied, SBI Special Agent 1, was a "promotion" within the meaning of said 
statute. 

9. Respondent's failure to choose Petitioner for a position in the 25th SBI Academy is based upon his stated 
unwillingness to be posted anywhere in North Carolina as required by SBI policy. 

10. Once Petitioner stated his unwillingness to move, he was no longer a "qualified candidate." Therefore, N.C. Gen. 
Stat. §126-7. 1(c) does not apply as Petitioner does not have "substantially equal qualifications" to Julie Grant or 
any other qualified candidate. 

RECOMMENDED DECISION 

The State Personnel Commission will make the Final Decision in this contested case. It is recommended that the 
Commission adopt the Findings of Fact and Conclusions of Law set forth above and uphold the Respondent's decision to 
exclude the Petitioner from 25th SBI Academy. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statutes section 150B-36(b). 

NOTICE 

Before the agency makes the FINAL DECISION, it is required by North Carolina General Statutes section 150B- 
36(a) to give each party an opportunity to tile exceptions to this RECOMMENDED DECISION, and to present written 



1884 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



arguments to those in the agency who will make the final decision. 

V 

The agency is required by North Carolina General Statutes section 150B-36(b) to serve a copy of the Final Decision 

on all parties and to furnish a copy to the Parties' attorney of record. 



This the 28th day of February, 1997. 



Brenda B. Becton 
Administrative Law Judge 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1885 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF CUMBERLAND 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 OSP 0341 



LLOYD EDWARD LOWRY 
Petitioner, 



DEPARTMENT OF CRIME CONTROL 
AND PUBLIC SAFETY 
Respondent. 



RECOMMENDED DECISION 



The hearing in this contested case was held before the undersigned administrative law judge in Fayetteville on 
September 11 and in Lillington on October 24, 1996. Mr. Ronnie M. Mitchell represented the petitioner. Mr. Reuben F. 
Young represented the respondent. The petitioner testified and presented two witnesses and introduced Exhibits 1 - 28. The 
respondent presented seven witnesses and introduced Exhibits 1 - 10, lOA, lOB, 11, 12 (video), and 13 (photographs). A 
Proposed Recommended Decision was filed on February 12, 1997. 

ISSUE 

Did the respondent properly demote the petitioner for the following reasons: 

petitioner failed to terminate the chase of a vehicle operated by James McKissick when the danger 
posed to the public, law enforcement officers and the violator, caused by the chase itself, 
substantially outweighed any immediate need to apprehend the violator; 

petitioner failed to effectively supervise subordinate members during the conduct of the chase 
resulting in having too many vehicles involved in the chase; and 

after pursuing a vehicle for speeding and reckless driving, petitioner used unwarranted and unrea- 
sonable force by firing his service weapon from his patrol vehicle across a thirty foot median at 
the violator's vehicle while both vehicles were traveling at approximately ninety miles per hour. 

FINDINGS OF FACT 

1. On February 8, 1996, the petitioner, was demoted from pay grade 71 to pay grade 68 for inappropriate personal 
conduct as set forth above on August 10, 1995. 

2. On that day, while the petitioner was acting in the ordinary scope of his employment with the North Carolina 
Highway Patrol, he observed a burgundy Honda automobile traveling south on Interstate 85 in the vicinity of the 
1 15 mile marker. The petitioner observed the burgundy Honda to be traveling at a speed in excess of seventy-five 
miles per hour. The petitioner suspected that the driver of the vehicle satisfied the requirements for an investigatory 
stop for drug courier interdiction. Accordingly, the petitioner activated his blue lights and alternating headlights 
in an attempt to stop the vehicle. Although the petitioner clearly had an objective basis for the stop, the driver of 
the Honda automobile not only failed to stop but fled in an erratic and dangerous manner. 

3. After he determined that the occupants of the vehicle were attempting to evade arrest, the petitioner contacted the 



1886 



NORTH CAROLINA REGISTER 



March 14, 1997 



11:24 



CONTESTED CASE DECISIONS 



Greensboro Communications Center to inform the Center and his superior officer and supervisors that he was 
involved in a possible vehicle chase . The petitioner continued to follow the vehicle in order to apprehend the 
suspects in a reasonable and prudent manner. However, when he was unable to do so, the petitioner informed the 
conmiunications officer that he was definitely "10-43". i.e. involved in a chase . 

4. The vehicle continued south and made an exit off Interstate 85 onto Hopewell Church Road at exit 108. The vehicle 
proceeded down the ramp and then accelerated to a high speed. The vehicle ran through the intersection at Hopewell 
and then again at NC 62, almost causing a collision. The driver proceeded on toward High Point in a reckless 
manner by passing in blind curves and at the crests of hilltops, again almost colliding with several vehicles. 
Because of the namre of the flight of the suspect and the nature of the suspect's operation of the vehicle, it did not 
appear reasonable to terminate the pursuit. 

5. During the pursuit, the petitioner periodically called the communications officer to keep his superiors and other 
officers informed of his location and activities . 

6. The chase then led into the city limits of High Point. The High Point Police Department attempted to provide 
assistance. The vehicle continued on through the High Point area and made several rums onto back streets. Several 
times the petitioner lost sight of the vehicle because the vehicle was not slowing for intersections or stoplights. The 
petitioner lost sight of the vehicle, but after continuing to follow the route of the suspect vehicle, the petitioner again 
located the vehicle which the suspect continued to drive erratically and dangerously. As a result of the suspect's 
actions, it did not appear that the suspect would be apprehended unless the petitioner continued his pursuit. After 
losing sight of the suspect's vehicle again because of slowing and stopping his patrol vehicle at intersections, the 
petitioner observed two of the vehicle occupants exit the vehicle beside a house. The driver then accelerated the 
vehicle very rapidly and recklessly and left the area at a high rate of speed. The petitioner followed and continued 
his pursuit in order to stop the vehicle. The suspect continued to operate the vehicle in a very reckless and 
dangerous manner, several times crossing major highways without stopping. 

7. The pursuit then led into another area of High Point. The chase continued for several more minutes before the High 
Point Police Department resumed the chase. 

8. At this time the petitioner dropped back as a secondary unit behind the High Point police officers. The chase 
continued on for several more minutes as the suspect ran through stoplights and intersections. The vehicle took 
Fairfield Drive back to US 311, where the vehicle made a right onto US 31 1 toward Archdale. At this time the 
High Point police unit was still the primary chase vehicle . 

9. Trooper William J. Grey, whose cruiser was equipped with a video camera, traveled from his location near 
Greensboro to High Point. When approaching US 311 and NC 62, the suspect vehicle made a left turn onto NC 
62 East. The High Point police unit stopped the chase. The petitioner came up behind the vehicle as the primary 
pursuit car . Trooper W. T Grey fell in behind the petitioner . 

10. The vehicle made a right turn onto a side street and continued a short distance before making two left turns and 
coming back onto NC 62. The suspect vehicle made a right on NC 62 and headed back toward Interstate 85. The 
vehicle ran several cars off the road and almost caused several near head-on collisions. Once the vehicle returned 
to Interstate 85 business, the petitioner continued pursuit. The suspect vehicle reached extremely high speeds. 
When they believed that they could safely do so, Trooper Grey and the petitioner attempted several times to pass 
the vehicle but the suspect attempted to ram the patrol vehicles. 

11. The vehicle made an exit onto US 29-70 South from I 85. Due to positioning after the vehicle made an exit, two 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1887 



CONTESTED CASE DECISIONS 



other Highway Patrol vehicles entered the chase briefly. The suspect vehicle slowed dramatically, which allowed 
the petitioner and Trooper Grey to catch back up to the vehicle. The vehicle continued south on US 29-70 and came 
upon a paved temporary section in the median. The suspect vehicle crossed over into the northbound lane and 
headed south. The vehicle reached speeds in excess of one hundred miles per hour. 

12. As a result of a near head-on collision, the suspect vehicle slowed and the petitioner and Trooper Grey nearly 
apprehended the suspect. The suspect eluded them again and fled. The suspect vehicle continued traveling south 
in the northbound lanes of the highway, NC 29/Busmess 85. Trooper Grey used his blue light, alternating 
headlights, emergency flashers and siren to warn oncoming traffic of the pursuit. 

13. From the testimony and viewing of the video tape, it is clear that Trooper Grev's actions and those of the 
petitioner's saved the lives of innocent motorists . Trooper Grey's following behind the suspect vehicle with his 
emergency equipment activated was a great assistance to on-coming traffic in that it alerted the drivers who would 
otherwise have been unwarned about the danger of an oncoming car. 

14. The suspect vehicle continued on US 29 at a high rate of speed. The petitioner called the Communications Center 
to get permission from the Troop Commander to "take the vehicle out". The petitioner's first request was denied 
by his superior. Captain D. G. King, who had been monitoring and supervising the chase by means of the 
telecommunications between the petitioner and the telecommunications officer . The fleeing vehicle continued to 
travel southbound in northbound lanes . The Petitioner again requested permission to "take the vehicle out" since 
the vehicle was traveling at high rates of speed and nearly collided head-on with vehicles traveling lawfully within 
the northbound lanes. The petitioner determmed that the actions of the driver of the fleeing vehicle constituted an 
assault with a deadly weapon since the lives of motorists were endangered. He informed the telecommunicator that 
if the suspect was not taken off the road, ambulances needed to be dispatched because it was apparent that someone 
would likely be killed. The petitioner's second request to take the vehicle out was granted; the telecommunicator 
told the petitioner to "take the suspect out at all costs. " The petitioner asked for the telecommunicator to repeat 
the directive and asked by whose authority the directive was given. The directive was repeated and the petitioner 
was told that "111". Captain King, had authorized the transmission . 

15. After traveling several more miles and several unsuccessful attempts to stop the suspect through bumping the vehicle 
with the patrol cruiser, the petitioner drew his service weapon. Before firing his weapon, he allowed traffic to pass 
and waited until there was a clear opportimity to act. Then, he fired two shots at the vehicle, waited for more traffic 
to pass, and fired two more shots. He hit the suspect vehicle with three of the four shots fired. Immediatelv, as 
if seeking an avenue of escape, the fleeing vehicle accelerated and exited the highway using an entrance ramp. 
Oncoming motorists were safe! Trooper Grey pursued and ultimately, by intentionally ramming the suspect vehicle, 
caused it to leave the roadway and come to rest against a ditch embankment. 

16. The petitioner acted in a proper, reasonable and prudent manner. 

17. The petitioner communicated with the telecommunications center, and, from time to time, with Trooper Grey. 
Petitioner adequately supervised Trooper Grey . 

18. Moreover, neither the petitioner's supervisors nor the telecommunications center directed or suggested that the 
pursuit was inappropriate or that it should have been conducted in a different manner or terminated . 

CONCLUSIONS OF LAW 

1. The petitioner acted in accordance with GS 15A-401(d) which provides for law enforcement officers to use force: 



1888 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



1. ... upon another person when and to the extent that he reasonably believes that it necessary: 

(a) to prevent the escaf)e from custody or to effect an arrest of a person who he reasonably 
believes has committed a criminal offense, unless he knows that the arrest is 
unauthorized; or 

(b) to defend himself or a third person from what he reasonably believes to be the use or 
imminent use of physical force while effecting or attempting to effect an arrest or while 
preventing or attempting to prevent an escape. 

2. A law enforcement officer is justified in using deadly physical force upon another person for a 
purpose specified in subdivision (1) of this subsection only when it is or appears to be reasonably 
necessary thereby: 

(a) to defend himself or a third person from what he reasonably believes to be the use or 
imminent use of deadly physical force; 

(b) to effect an arrest or to prevent the escape from custody of a person who he reasonably 
believes is attempting to escape by means of a deadly weapon, or who, by his conduct, 
or any other means, indicates that he presents an imminent threat of death or serious 
physical injury to others unless apprehended without delay; or 

(c) to prevent the escape of a person from custody imposed upon him as a result of 
conviction of a felony. 

Nothing in this subdivision constitutes justification for willful, malicious or criminally negligent 
conduct by any person which injures or endangers any person or property, nor shall it be 
construed to excuse or justify the use of unreasonable or excessive force. 

The respondent did not properly demote the petitioner for the following reasons: 

petitioner properly conducted the chase of a vehicle operated by James McKissick under the 
supervision of his superiors, including Captain King; 

petitioner effectively supervised Trooper Grey during the conduct of the chase and properly 
interacted with the High Point Police; and 

after pursuing a vehicle for speeding and reckless driving, petitioner used reasonable force by 
firing his service weapon from his patrol vehicle across a thirty foot median at the violator's 
vehicle while both vehicles were traveling at approximately ninety miles per hour. The petitioner, 
using excellent aim, struck the fleeing vehicle with three of four shots and forced the vehicle to 
exit from the highway on which the vehicle was traveling in the wrong direction. 



The petitioner did not engage in inappropriate conduct. 



RECOMMENDED DECISION 

It is hereby recommended that respondent's decision to demote the petitioner on February 8, 1996, for inappropriate 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1889 



CONTESTED CASE DECISIONS 



conduct, be reversed for lack of just cause. It is further recommended that petitioner be reinstated to the rank held by the 
petitioner prior to February 8, 1996. 

NOTICE 

The agency making the final decision in this contested case is the State Personnel Commission. It will give each 
party an opportunity to file exceptions to this recommended decision and to present written arguments. The agency will serve 
a copy of the final decision on all parties, the attorneys of record and the Office of Administrative Hearings. 

This the 28th day of February, 1997. 



Robert Roosevelt Reilly, Jr. 
Administrative Law Judge 



1890 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF CRAVEN 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 OSP 0983 



JAMES M. STOKES, III 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF 
TRANSPORTATION 

Respondent. 



RECOMMENDED DECISION 



This matter came on for hearing on January 29, 1997, in New Bern, North Carolina, before Administrative Law 
Judge Dolores O. Smith. 

APPEARANCE 



For Petitioner: 



David P. Voerman 

Attorney at Law 

P. O. Box 12385 

50 Shoreline Drive 

New Bern, North Carolina 28562 

Attorney for Petitioner 



For Respondent: 



Robert Crawford 

Assistant Attorney General 

N. C. Department of Justice 

P. O. Box 629 

Raleigh, North Carolina 27602-0629 

Attorney for Respondent 



ISSUES 



1 . Did Respondent have just cause to dismiss Petitioner? 



Did Respondent follow proper procedure in the dismissal of Petitioner? 



STATUTE AND RULE IN ISSUE 



N.C. Gen. Stat. 126-35 



EXHIBITS 



For Petitioner: 
For Respondent: 



Plb, Pic, Pld, Pie, P2 a-g, P5, P6. 



Ml, R#2, M3, R#4, R#6, R#7, R#8, R#9. 



11:24 



NORTH CAROLINA REGISTER 



March 14, 1997 



1891 



CONTESTED CASE DECISIONS 



STIPULATION AGREEMENTS 

1. It is stipulated that all panics are properly before the Office of Administrative Hearings (OAH) and that 
OAH has jurisdiction of the parties. 

2. It is stipulated that all parties have been correctly designated, and there is no question as to misjoinder or 
nonjoinder of parties. 

3. In addition to the other stipulations contained herein, the parties stipulate and agree with respect to the 
following undisputed facts: 

a. Petitioner has been employed by the Department of Transportation as follows: 

Dates Position Grade 

9/86-2/89 Construction Technician Trainee NOT 

2/89-2/91 Construction Technician I 61 

2/91-4/96 Transponation Technician II 65 

b. Beginning October 17. 1995. Petitioner was assigned as a project inspector on Project 
No. 6.211001 in Pamlico-Craven County Chereinafter referred to as the "Minnesott Beach 
Project" or the "Project"). Th Project consisted of constructing a new ferry ramp, 
bulkhead, and associated facilities at the Minnesott Beach and Cherr," Branch ferry docks. 

4. On Friday. March 22, 1996. at approximately 3:00 p.m.. John Edwards, Assistant Resident Engineer, 
advised petitioner by telephone that petitioner's presence on the Project would be required the following morning to assist 
with the inspection of the painting of the new ramp. 

5. On Samrday, March 23, 1996. at approximately 7:30 a.m., Mr. Edwards arrived at the Minnesott Beach 
Project and assisted in the required inspection work. 

6. On Monday, March 25, 1996. at 5:00 p.m.. Dwayne Alligood, Resident Engineer, informed Petitioner that 
he was being placed on investigation with pay pending a Pre-disciplinary Conference. 

7. By memo dated March 26, 1996. Petitioner was advised that a Pre-disciplinary Conference would be held 
on March 29, 1996, to consider his dismissal for failure to follow a proper assignment by his super\'isor on March 22 (to 
report to work on Saturday. March 23. 1996). 

8. On March 29, 1996, Mr. Alligood conducted a Pre-disciplinary Conference. 

9. Mr. Alligood advised Petitioner by letter dated April 1, 1996. that he was dismissed effective that date for 
insubordination. Petitioner was advised of his appeal rights to the DOT personnel director. 

10. Petitioner appealed his dismissal in accordance with DOT'S internal grievance procedures. 

11. On June 13. 1996. a hearing was held before a five member employee relations committee. 

12. by letter dated June 25, 1996. Deputy Secretary Daniel H. DeVane affirmed the decision to dismiss 
Petitioner. Petitioner was further advised of his appeal rights to the office of Administrative Hearings. 



1892 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



13. It is stipulated that the procedures to be followed in this matter are found in Chapter 150B, Article 3, of 
the North Carolina General Statutes, Title 26, Chapter 3, of the North Carolina Administrative Code, and the North Carolina 
Rules of Civil Procedure. 

14. The following is a list of all known exhibits Petitioner may offer at the hearing: 

1. Inspector's Daily Report 

2. Performance Appraisal Review 

3. Employee Personal Interview Statement U.S. DOL 

4. NC DOT Field Payroll Worksheet/Job Report 

5. Any exhibit identified, listed or introduced by Respondent 

15. It is stipulated and agreed that Respondent has been furnished a copy of each exhibit identified thus far by 
the Petitioner, and will receive copies of any exhibits hereafter designated for use. 

16. It is stipulated and agreed that each of the exhibits identified by Petitioner is genuine and, if relevant and 
materia], may be received into evidence without further identification or proof. 

17. The following is a list of all known exhibits Respondent may offer at the hearing: 

1. Inspector's Daily report for March 23, 1996, signed by James M. Stokes, III. 

2. Letter dated March 26, 1996, to Petitioner from Dwayne Alligood, suspending Petitioner 
with pay. 

3. Memo dated March 26, 1996, to Petitioner from Dwayne Alligood, notifying Petitioner 
of the Pre-disciplinary Conference. 

4. Letter dated April 1, 1996, to Petitioner from Dwayne Alligood, dismissing Petitioner 
from state employment. 

5. Letter dated June 25, 1996, to Petitioner from Daniel H. DeVane, upholding the 
Petitioner's dismissal. 

6. John R. Edwards' written statement dated April 23, 1996. 

7. William S. Elliott, Jr.'s written statement dated April 23, 1996. 

8. Dwayne H. Alligood's written statement dated April 23, 1996. 

9. Resident Engineer's Office Dayminder (March 21-27, 1996). 
10. Any exhibit identified, listed or introduced by Petitioner. 

18. It is stipulated and agreed that Petitioner has been furnished a copy of each exhibit identified thus far by 
the Respondent and will receive copies of any exhibits hereafter designated for use. 

19. It is stipulated and agreed that each of the exhibits identified by Respondent is genuine and, if relevant and 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1893 



CONTESTED CASE DECISIONS 



material, may be received into evidence without further identification or proof. 

20. The following is a list of the names of all known witnesses Petitioner may offer at trial: 

Andy Tomlin, Atlantic Diving; 

Dwayne Alligood, Resident Engineer; 

Rhonda Barnes, Processing Assistant; 

Jerry Singleton, Engineer; 

Angela Goodwin; 

John Wolfe, Jr., Engineer. 

21. The following is a list of the names of all known witnesses Respondent may offer at trial: 

Ed Lathan, Division Construction Engineer; 
Andy Brown, Division Maintenance Engineer; 
Dwayne H. Alligood, P.E., Resident Engineer; 
John R. Edwards, Jr., Assistant Resident Engineer; 
William S. Elliott, Jr., Transportation Tech. IV; 
Alan Edwards, Transportation Tech. I; 
Rhonda Barnes, Processing Assistant; 
H.L. Davis, P.E., Bridge Construction Engineer. 

22. The Respondent contends that the contested issue to be tried by the Administrative Law Judge is: 

Whether Respondent dismissed Petitioner for unacceptable personal conduct 
(insubordination) without just cause in violation of N.C. Gen. Stat. §. 126-35. 

23 . The Petitioner contends that the contested issues to be tried by the Administrative Law Judge include the 
following additional issue: 

Whether or not the Respondent dismissed Petitioner in retaliation for his filing a claim 
for overtime compensation under state and wage hour laws? 

24. Counsel for the parties announced that all witnesses are available and the contested case is in all respects 
ready for hearing. The probable length of the hearing is two days. 

25. Counsel for the parties annoimced that there has been a full and frank discussion of settlement possibilities, 
counsel will immediately notify the Administrative law Judge in the event of a material change in settlement prospects. 

STATEMENT OF THE CASE 

At the call of the case, the Respondent Moved to Dismiss the issue of retaliation. Respondent argued that the 
retaliation protected by the State Personnel Act is retaliation for engagement in a protected activity, i.e., activity opposing 
illegal discrimination. Respondent farther argued that filing a wage and hour claim is not a protected activity under the State 
Personnel Act. 

While G.S. 126-85, commonly known as the "whistle blower" statute, is followed by a provision protecting State 
employees from retaliation, that statute clearly enunciates that the forum for filing claims of retaliation is Superior Court. 



1894 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



(G.S. 126-86). 

Based upon these and other considerations presented at the arguments on the Motion, the undersigned Orders that 
the Respondent's Motion to Dismiss the issue of retaliation is ALLOWED. 

Based upon careful consideration of the testimony and evidence presented at the hearing, the documents and exhibits 
received into evidence, and the entire record in this proceeding, the undersigned makes the following: 

FINDINGS OF FACT 

1 . Petitioner was a Transportation Technician II with the North Carolina Department of Transportation (DOT) 
and was a permanent State employee. 

2. On April 1, 1996, Petitioner was dismissed for insubordination. 

3. Petitioner has been employed at DOT for 1 1 years and has been a Transportation Tech II for five years. 
In the Spring of 1996, Petitioner was assigned to the Minnesott Beach Project. 

4. The Transportation Technicians are assigned by the Resident Engineer as "Inspectors" to all construction 
projects imdertaken by the State. The Inspector assigned to a project is to be on the site at all times when the contractor 
is working. 

5. Dwayne Alligood, the Resident Engineer in the New Bern Office, testified that he assigned Technicians 
to the various projects undertaken by DOT in his District. He testified that he had originally assigned Petitioner to another 
project but that Petitioner told him that he did not get along with the supervising Technician on that project. Mr. Alligood 
then moved another Technician off the Minnesott Project and assigned Petitioner there. 

6. Hank Davis, a DOT Bridge Construction Engineer, was responsible for the Minnesott Project in March 
of 1996. Petitioner was supervised by Mr. Davis. Mr. Davis testified that Petitioner was very dissatisfied because Petitioner 
believed that he was working at a high level of responsibility and was not being paid accordingly. 

7. John Edwards, Assistant Resident Engineer, was Petitioner's direct line supervisor on the Minnesott Project 
at all times in issue. 

8. Petitioner testified that prior to his dismissal, a Tech III position became vacant and, although he waited 
for the opportunity to apply for this promotion, the position was never posted. Petitioner believed that the Respondent had 
both the position and the money and could have promoted him into it if they chose to. Petitioner did not, in fact, know what 
had happened to the vacant Tech III position and Respondent offered no evidence on this. 

9. The Minnesott Project had not had much weekend work up to the weekend at issue. During the week, the 
contractor had arranged for a sub-contractor to come to the site to paint marine pylons, which was a specialty job. The sub- 
contractor did not appear on Thursday or Friday as planned. On Friday, the contractor contacted the subcontractor and 
arranged for them to come to the site on Saturday. Petitioner was then required to be at the project on Saturday. 

10. The Raleigh DOT office was sending another Inspector, Sunny Seagrove, who specialized in this type of 
painting, to oversee the work.' 

11. On Friday, March 22, 1996, Petitioner told Mr. Edwards that he had a conflict on that Saturday since he 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1895 



CONTESTED CASE DECISIONS 



had arranged for carpet installation in his home. Although his girlfriend was to be at the home, he did not want the carpet 
installers there unless he was present. Mr. Edwards said it would be alright for Petitioner to get to the project and to see 
that Mr. Seagroves was on site. Mr. Edwards said that Petitioner could then leave and probably would only be at the project 
for a couple of hours. 

12. Petitioner testified that Mr. Edwards had agreed to let him come to the site Saturday morning and leave 
early, but he had also agreed to attempt to find a substitute for Petitioner. 

13. During their conversation. Petitioner began to tell Mr. Edwards that he was dissatisfied with his 
compensation and that he was working higher than his pay grade. Mr. Edwards said that they had had that conversation many 
times and he informed Petitioner, as he had before, that he did not have the authority to give him a raise. Petitioner said 
that he did not believe that. Mr. Edwards said, "Are you calling me a liar? Petitioner replied, "No, but..." At that point, 
Mr. Edwards hung up the phone. 

14. William S. Elliott, a Tech IV with DOT, testified that on Friday, March 22, 1996, in the late afternoon, 
Mr. Edwards came into the regional office and said he was leaving for the day. He said that he had had a disagreement with 
Petitioner. 

15. At 4:00 p.m.. Petitioner also came into the office. He put his equipment in the equipment room and 
dropped his keys on Mr. Elliott's desk. He said, "I quit," 

16. Petitioner told Mr. Elliott that it would take a ten percent raise to get him back. Petitioner said if they need 
someone on Monday, they'd better get someone. Mr. Elliott asked if he was serious and Petitioner said he wanted a ten 
percent raise. 

17. Mr. Alan Edwards testified that Petitioner told him that Friday afternoon that he was tired of doing Tech 
IV work for no pay "...and then Edwards hangs up on the phone on me." Petitioner said he was getting third world wages 
and he had had enough. Mr. Alan Edwards testified that he asked petitioner if he'd see him on Monday and Petitioner said, 
"I don't know." 

18. Petitioner testified that he put his keys on Mr. Elliott's desk because he always did that and also because 
he had arranged for Matt Shacklee to work for him on Monday and Matt would need the keys. 

19. Petitioner testified that he told Mr. Elliott that he was not going back to work on Minnesott but that he did 
not say he quit. He also told him that he had a doctor's appointment for Monday. 

20. After Petitioner left, Mr. Elliott called Mr. Edwards at his home. He told Mr. Edwards that Petitioner 
had just quit and Mr. Edwards told him to reach Dwayne Alligood and to find someone for Saturday at Minnesott. 

21. Mr. Elliott tried to fmd a replacement but could not. Mr. Edwards subsequently went to Minnesott himself 
to cover the Saturday workday. 

22. Mr. Edwards testified that he then arranged for Matt Shacklee to replace Petitioner on Monday. 

23. When Mr. Edwards went to the project that Samrday he learned that the subcontractor would have to work 
on Sunday as well. Mr. Edwards went to the project site again on Sunday. 

24. Andy Tomlin, the contractor at the Minnesott Project, testified that Petitioner told him that he would be 



1896 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



unable to be there for ver>' long on Saturday. 

25. Petitioner later called Mr. Tomlin at home on Friday night and told him that he had had an argument with 
John Edwards. He stated that Sunny Seagroves was going to be at the site on Saturday and that Petitioner would also come 
there to be sure they had coverage since the contractor is not allowed to work without a State inspector present. 

26. Mr. Tomlin testified that Petitioner said he had told Mr. Edwards that he wanted a raise or he would not 
be back. 

27. On Monday morning, Mr. Tomlm received a call on his car phone from Petitioner. Mr. Tomlin told him 
that the subcontractor had worked both Saturday and Sunday. 

28. Petitioner expressed surprise that they had worked on Sunday. Petitioner further asked Mr. Tomlin if he 
needed any funher information about the project and Mr. Tomlin replied that he did not. He stated that he was taking a 
"sick" day that Monday and there he was going to see his attorney. 

29. Petitioner had received two telephone calls over the weekend from co-workers, both callers told him that 
he was going to be asked to submit his resignation or he would be fired. 

30. Petitioner did not call anyone from work over the weekend. 

31 . Petitioner testified that he was not overly concerned when two workers called him over the weekend because 
there had frequently been a lot of rumors going around the office and he didn't take them seriously. 

32. Petitioner testified that he had a doctor's appointment on Monday monting and that since he had previously 
arranged for Matt Shacklee to cover the project for him on Monday, he went to his doctor's appointment. 

33. When he went to his doctor's appointment, he learned that his appointment was for the following Monday. 
Petitioner also went to his attorney's office. 

34. The Transportation Technicians are requested to sign out in a book kept at Rhonda Barnes desk whenever 
they are going to need time off. Petitioner had not signed out for that Monday but had, in fact, signed out for the following 
Monday morning for a doctor's appointment. 

35. On Monday Morning, Mr. Alligood asked Ms. Barnes to call Petitioner and tell him to send in his letter 
of resignation. Ms. Barnes did this. 

36. Petitioner then called Mr. Alligood and told him that he had not meant to quit. Mr. Alligood told him to 
come in for a meeting which Petitioner did. 

37. At that meeting. Petitioner told Mr. Alligood that he would not go back to the Minnesott Project unless 
he got a ten percent raise. Petitioner said that Mr. Elliott misunderstood him when he ^aid he was quitting and that he only 
meant to quit the Minnesott Project. Petitioner left for the day and Mr. Alligood told him to come in on Tuesday morning. 

38. During the day on Monday, Personnel was informed of the incident. Mr. Alligood was called and told that 
Petitioner was not to return to work but was to be placed on investigatory suspension with pay. Mr. Alligood called 
Petitioner and told him this. 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1897 



CONTESTED CASE DECISIONS 



39. Subsequently, Petitioner was contacted and told to attend a Predisciplinary Conference. 

40. At the conference. Petitioner told Mr. Alligood that he had driven by the project on Saturday but when he 
saw Mr. Edwards there he did not stop as he did not want to have another disagreement with him. 

41. Petitioner also told Mr. Alligood that he would have to have a ten percent raise to return to the Minnesott 
Project. 

42. Mr. Davis testified that Tech I and Tech II employees are used throughout the State on many projects, even 
though, if manpower permitted, a Tech III might be suitable for those projects. 

43. Mr. Edwards testified that the Transportation Technicians are occasionally required to work overtime. The 
policy is that they will receive compensatory time for any hours between 40 and 50, and they will receive overtime pay for 
any hours over 50 in a given week. 

44. Mr. Edwards testified that, although he and Petitioner had disagreements over wages, Mr. Edwards had 
never had any complaints about Petitioner's work performance. 

45. Petitioner testified that Minnesott was a difficult project in that there were a lot of subcontractors and a lot 
of administration and paperwork. 

46. Subsequently, Mr. Alligood recommended that Petitioner be dismissed. 

47. A dismissal letter was then sent to Petitioner stated the following: 

After careful consideration of all the information available to me, including your comments at the 
Predisciplinary Conference held on Friday, March 29, 1996, I have decided to follow the recommendation 
to dismiss you due to your insubordination on Friday, March 22, 1996, and continuing through Monday, 
March 25, 1996. Following are the acts that occurred: 

1. On Friday March 22, 1996, you were directed to report to work on Saturday March 23, 1996. 

2. You did not report to work on Saturday, March 23, 1996. 

3. You did not report to work on Sunday, March 24, 1996. 

4. You did not report to work on Monday, March 25, 1996, until 10:30 a.m. 

Your dismissal is effective as of the date of this letter. 

48. 25 NCAC IB .0431 provides: 

The State Personnel Commission shall order reinstatement from dismissal or demotion 
only upon a finding of lack of substantive just cause (25 NCAC IJ .0604) or 
discrimination prohibited by N.C. Gen. Stat. 126-16 or 126-36. For the purpose of this 
Rule, and in addition to those matters listed in 25 NCAC IJ .0604, failure to issue the 
required number and kind of warnings or other disciplinary actions prior to dismissal for 
unsatisfactory job performance shall also be considered to constitute a lack of substantive 
just cause. 

49. 25 NCAC IB .0432(b) provides: 



1898 NORTH CAROLINA REGISTER March 14, 1997 11:24 



CONTESTED CASE DECISIONS 



(b) Failure to give specific reasons for dismissal, demotion or suspension without 

pay shall be deemed a procedural violation. The Personnel Commission, in its 
discretion, may award back pay, attorney's fees, or both for such a violation. 
Back pay or attorney's fees, or both, may be awarded for such a period of time 
as the Commission determines, in its discretion, to be appropriate under all the 
circumstances. 



Based upon the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1 . It has been found as fact that Petitioner told Mr. Elliott that he quit and would not come back without a 
ten percent raise. It is not credible that Petitioner quit only the Minnesott Project, but even if that were the case. Petitioner's 
position of leaving a project as it was under construction and demanding a raise is insubordination and constitutes just cause 
for his termination. 

2. Petitioner's failure to report to work on Saturday, failure to report to work on Sunday, and reporting to 
work at 10:30 a.m. on Monday, standing alone, does not, however, constitute insubordination. However, refusal to return 
to work without a raise and leaving a project uncovered after a direct order to be present, does constitute insubordination. 
Thus, it is the totality of the facts as outlined above which, indeed constitutes insubordination and just cause. These facts, 
however, were not part of the letter of dismissal. 

3. The letter alludes to insubordination which went from Friday to Monday, but it does not specifically 
enumerate the facts as outlined above. Indeed, Petitioner's insubordination appears to have continued for a full week, since 
at the predisciplinary conference he still took the position that he must have a ten percent raise to return to work. 

4. Based upon full consideration of all of the above, it is concluded that Respondent did have just cause to 
terminate Petitioner. 

5. It is further concluded that Respondent did not clearly outline the reasons for petitioner's termination in 
the dismissal letter. 

6. It is concluded that this is a procedural violation in accordance with 25 NCAC IB .0432(b). 

7. It is concluded that this procedural violation is not serious enough to constitute a lack of substantive just 
cause. 

RECOMMENDATION 

It is recommended in accordance with the provisions of 25 NCAC IB .0432(b) that the Respondent affirm the 
decision to terminate Petitioner, that the Petitioner be awarded one week back pay and reasonable attorneys fees for the 
procedural violation. 



ORDER 

It is hereby ordered that the agency serve a copy of the fmal decision on the office of Administrative Hearings, P.O. 



11:24 NORTH CAROLINA REGISTER March 14, 1997 1899 



CONTESTED CASE DECISIONS 



Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with Nonh Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 1508-36(1)) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the North Carolina State Persormel 
Commission. 

This the 3rd day of March, 1997. 



Dolores O. Smith 
Administrative Law Judge 



1900 NORTH CAROLINA REGISTER March 14, 1997 11:24 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two. 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPIHl 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Eoresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



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i 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997 



DESCRIPTON 



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Title 1 ■ Dept. of Administrotion - Complete TiHe 201 00 001 

Division of Purchase & Contract 201 10 051 

Federal Block Grant Funds 201 10 331 

trtle 2 - Dept. of Agriculture - Complete Title 202 00 00 1 

Food & Drug Protection Division 202 15 091 

Structural Pest Control Committee 202 15 341 

Agricultural Markets 202 15 431 

Plant Industry 202 15 481 

Animal Industry 202 15 521 

Title 3 - Dept. of State Auditor • Complete Title 203 00 001 

Title 4 ■ Dept. of Commerce - Complete Title 204 00 001 

Alcoholic Beverage Control Commission 204 15 021 

Banking Commission 204 15 031 

Credit Union Division 204 15 061 

Savings & Loan Division 204 15 091 

Industrial Commission/Workers Compensation 204 15 101 

Savings Institutions Division 204 15 161 

Title 5 - Dept. of Corrections - Complete Title 205 00 001 

Division of Prisons 205 15021 

TiHe 6 - Council of State - Complete Title 206 00 00 1 

Title 7 - Dept. of Cultural Resources - Complete Title 207 00 001 

Title 8 - State Board of Elections • Complete Title 208 00 00 1 

Title 9 - Offices of the Governor & li. Governor - Complete Title 209 00 00 1 

Title 10 - Dept. of Human Resources - Complete Title 210 00 001 

Licensing of Health Facilities 210 20 101 

Detention Facilities 210 20 201 

Mental Health & Rehabilitation Services 210 20 301 

Social Services 210 20 401 

Children Services/Day Care 210 20411 

Services for the Aging 210 20 421 

Services for the Blind 210 20 431 

Services for the Deaf & Hard of Hearing 210 20 441 

Employment Opportunities 210 20 451 

Title 1 1 - Dept. of Insurance - Complete Title 21 1 00 001 

Insurance 211 10 Oil 

Consumer Services 211 10 041 

Fire & Rescue Services 21110051 

Agent Services 21110061 

Engineering & Building Codes 211 10 081 

Title 1 2 - Dept. of Justice - Complete Title 2 1 2 00 00 1 

Private Protective Services 212 10 071 

Police & Sheriff's Education & Training Standards 212 10 091 

NC Alarm Systems Licensing Board 212 10 111 

Title 1 3 - Dept. of Labor - Complete Title 2 1 3 00 00 1 

Mine & Quarry Safety 213 15 061 

General Safety/OSHA 213 20 001 

Wage & Hour Rules 213 15 121 

Boiler & Pressure Vessel Safety 213 15 131 

Apprenticeship 8< Training 213 15 141 

Elevator & Amusement Device Safety 213 15 151 

Title 1 4A - Dept. of Crime Control & Public Safety - Complete Title 2 1 4 00 00 1 

Alcohol Law Enforcement 214 00 081 

Victims Compensation Fund 214 00 111 

Title 1 5A - Dept. of Environ., Heahb, & Nat. Resources - Complete Title 2 1 5 00 00 1 

Environmental Management 215 15 001 

Air Quality 215 15 101 

Water Quality 215 15 201 

Land 8f Waste Management 215 15 301 

Solid Waste Management 215 15311 



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fttle 1 8 - Secretary of Stote - Completefitte 

Securities Di\ision 

Title 1 9A - Dept. of Tronsportation - Complete frtle 

Division of Highways 
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Title 20 - Dept. of tf>e State Treasurer - Complete Title 

Title 21 ■ Occupational Licensing EkMrds - Complete Title 

Title 22 ■ Administrative Procedures • Repealed 

Title 23 - Community Colleges - Complete Title 

Title 24 ■ Independent Agencies ■ Complete Title 

Title 25 • Office of State Personnel - CompleteTitle 

Title 26 - Office of Administrative Hearings - Complete Title 

Title 27 - Nortti Carolina State Bar ■ Complete Title 

Nortfi Carolina Administrative Code - Complete Code 

(Add S85.00 Shipping and Handhng) 

CD-ROM North Carolina Administrative Code 

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Master Index 

Master Table of Contents 

Binder(s) Titled 'OmdaJUonh Camliiw Adminiawlne Code" 



215 15321 
215 15401 
21525 001 
215 25 101 
215 25 201 

215 25 301 
21525 311 

21600 001 

216 10061 

21700 001 

217 15 101 
217 15 201 
217 15271 

217 15291 

21800 001 

218 10060 

21900 001 

219 10021 

219 10031 

220 00 001 
22100 001 
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224 00 001 

225 00 001 

226 00 001 

227 00 001 
299 99 981 

266 00 001 

266 50 001 

288 50 001 
288 80 001 
299 90 000 



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